Drug punishments in Texas are among some of the toughest in the United States. People that come to Texas from other states are frequently surprised at how much trouble they can be in when they are arrested for a drug offense in Texas. It is important to note that generally, drug offenses are not “3G” offenses, which generally require a person to serve half of their sentence.
Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and Hydrocodone.
Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1.
-state jail felony = less than one gram = 180 days to 2 years in a state jail
-felony of the second degree = one gram or more but less than four grams = 2 to 20 years in a state prison
-felony of the first degree = four grams or more but less than 200 grams = 5 to 99 years in a state prison
-felony of the first degree = 200-400 grams or more = life or 10-99 years in a state prison
-felony of the first degree = 400 grams or more = life or 15-99 years in a state prison
LSD
Sec. 481.1121. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1-A.
-a state jail felony = fewer than 20 units 180 days to 2 years in a state jail
-a felony of the second degree = 20-80 units = 2 to 20 years in a state prison
-a felony of the first degree =80-4,000 = 5 to 99 years in a state prison
-enhanced felony of the first degree = 4,000 units or more = life or 15-99 years in a state prison
Ecstasy, PCP and Mescaline.
Sec. 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 2.
-state jail felony = less than one gram = 180 days to 2 years in a state jail
-felony of the second degree = one gram or more but less than four grams = 2 to 20 years in a state prison
-felony of the first degree = four grams or more but less than 400 grams = 5 to 99 years in a state prison
-enhanced felony of the first degree = 400 grams or more = life or 15-99 years in a state prison
Valium, Xanax and Ritalin.
Sec. 481.114. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 3 OR 4.
-* (possibly class A misdemanor depending on drug) or state jail felony = less than 28 grams = (up to 1 yr jail) or 180 days to 2 years in a state jail
-felony of the second degree = 28 grams or more but less than 200 grams = 2 to 20 years in a state prison
-felony of the first degree= 200 grams or more but less than 400 grams = 5 to 99 years in a state prison
-enhanced felony of the first degree = 400 grams or more = life or 10-99 years in a state prison
Marijuana
Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA.
-class B misdemeanor = one-fourth ounce or less (as gift, not sales) = up to 180 jail
-class A misdemeanor = one-fourth ounce or less = up to 1 year jail
-state jail felony = five pounds or less but more than one-fourth ounce = 180 days to 2 years in a state jail
-felony of the second degree = 50 pounds or less but more than five pounds = 2 to 20 years in a state prison
-felony of the first degree = 2,000 pounds or less but more than 50 pounds = 5 to 99 years in a state prison
-enhanced felony of the first degree = 2,000 pounds or more = life or 10-99 years in a state prison