Texas controlled substances by penalty group
Texas Health and Safety Code chapter 481 divides controlled substances into seven penalty groups. The penalty group determines what you are charged with, and the weight of the substance determines the range of punishment. Delivery and manufacturing carry higher penalties than possession.
On this page:
- Penalty Group 1
- Penalty Group 1-A
- Penalty Group 1-B
- Penalty Group 2
- Penalty Group 2-A
- Penalty Group 3
- Penalty Group 4
- Marijuana
- Adulterants and dilutants
- Prescription defense
- Good Samaritan defense
Penalty Group 1
Section 481.102. The broadest penalty group. Common Penalty Group 1 substances include:
- Heroin
- Cocaine (including crack)
- Methamphetamine
- Oxycodone
- Hydrocodone (when not in a Penalty Group 3 or 4 preparation)
- Morphine
- PCP (phencyclidine)
- Ketamine
- GHB (gamma hydroxybutyric acid)
The full statutory list includes dozens of opiates, opium derivatives, and other specifically named substances.
Possession penalties:
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days to 2 years state jail |
| 1 gram to less than 4 grams | Third-degree felony | 2 to 10 years TDCJ |
| 4 grams to less than 200 grams | Second-degree felony | 2 to 20 years TDCJ |
| 200 grams to less than 400 grams | First-degree felony | 5 to 99 years TDCJ |
| 400 grams or more | Enhanced first-degree felony | 15 to 99 years or life TDCJ |
Penalty Group 1-A
Section 481.1021. This group covers LSD (lysergic acid diethylamide) and NBOMe compounds, a class of potent synthetic hallucinogens. Penalties are measured by abuse units rather than weight.
Possession penalties:
| Abuse units | Offense level | Punishment range |
|---|---|---|
| Fewer than 20 | State jail felony | 180 days to 2 years state jail |
| 20 to fewer than 80 | Third-degree felony | 2 to 10 years TDCJ |
| 80 to fewer than 4,000 | Second-degree felony | 2 to 20 years TDCJ |
| 4,000 to fewer than 8,000 | First-degree felony | 5 to 99 years TDCJ |
| 8,000 or more | Enhanced first-degree felony | 15 to 99 years or life TDCJ |
Penalty Group 1-B
Section 481.1022. Fentanyl and all fentanyl analogs, including carfentanil, alfentanil, sufentanil, and any derivative of fentanyl. The Legislature created this group to address fentanyl specifically. The possession penalties are the same as Penalty Group 1.
Penalty Group 2
Section 481.103. Common Penalty Group 2 substances include:
- Psilocybin (mushrooms)
- MDMA (ecstasy)
- Mescaline
- DMT
- THC concentrates (tetrahydrocannabinols other than marijuana plant material)
- PCP analogs
- Cathinones (bath salts)
THC vape cartridges and concentrates are not charged as marijuana. They fall under Penalty Group 2, which means felony charges at any amount.
Possession penalties:
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 1 gram | State jail felony | 180 days to 2 years state jail |
| 1 gram to less than 4 grams | Third-degree felony | 2 to 10 years TDCJ |
| 4 grams to less than 400 grams | Second-degree felony | 2 to 20 years TDCJ |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years or life TDCJ |
Penalty Group 2-A
Section 481.1031. Synthetic cannabinoids, defined by chemical structure rather than by named compound. The Legislature wrote this section broadly so that new synthetic formulations are automatically covered.
Possession penalties:
| Amount | Offense level | Punishment range |
|---|---|---|
| 2 ounces or less | Class B misdemeanor | Up to 180 days county jail |
| More than 2 ounces, up to 4 ounces | Class A misdemeanor | Up to 1 year county jail |
| More than 4 ounces, up to 5 pounds | State jail felony | 180 days to 2 years state jail |
| More than 5 pounds, up to 50 pounds | Third-degree felony | 2 to 10 years TDCJ |
| More than 50 pounds, up to 2,000 pounds | Second-degree felony | 2 to 20 years TDCJ |
| More than 2,000 pounds | Enhanced first-degree felony | 5 to 99 years or life TDCJ |
Penalty Group 3
Section 481.104. Prescription drugs with moderate abuse potential. Common Penalty Group 3 substances include:
- Alprazolam (Xanax)
- Diazepam (Valium)
- Clonazepam (Klonopin)
- Methylphenidate (Ritalin)
- Barbiturates
Possession penalties:
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | Up to 1 year county jail |
| 28 grams to less than 200 grams | Third-degree felony | 2 to 10 years TDCJ |
| 200 grams to less than 400 grams | Second-degree felony | 2 to 20 years TDCJ |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years or life TDCJ |
Penalty Group 4
Section 481.105. Limited quantities of narcotics combined with nonnarcotic active ingredients: codeine preparations, dihydrocodeine preparations, and similar compounds. These are the least serious controlled-substance offenses.
Possession penalties:
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 28 grams | Class B misdemeanor | Up to 180 days county jail |
| 28 grams to less than 200 grams | Third-degree felony | 2 to 10 years TDCJ |
| 200 grams to less than 400 grams | Second-degree felony | 2 to 20 years TDCJ |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years or life TDCJ |
Marijuana
Marijuana is not in any penalty group. It is handled separately under section 481.121 and carries its own punishment scale, measured in ounces and pounds rather than grams. Possession of two ounces or less is a Class B misdemeanor. THC concentrates, vape cartridges, and edibles are not marijuana under this section; they are Penalty Group 2 substances and carry felony charges at any amount.
Adulterants and dilutants
For Penalty Groups 1, 1-B, 2, 3, and 4, the statute measures weight “including adulterants or dilutants.” That means the State weighs the entire mixture, not the pure drug. A gram of cocaine cut to 20% purity is charged as a full gram. Ten grams of methamphetamine mixed into a hundred grams of cutting agent is charged as 110 grams, which is a second-degree felony rather than a third-degree felony. The weight on the lab report will almost always be higher than the amount of actual drug, and it is the lab-report weight that determines the charge.
Prescription defense
Every possession statute in chapter 481 excepts substances “obtained directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.” If you had a legitimate prescription for the substance, that is a defense to prosecution. The State must prove you did not have one.
Good Samaritan defense
If you called 911 for someone who was overdosing, or if you were the person overdosing when someone else called, you may have a defense to prosecution for possession at the lowest tier of each penalty group. The defense requires that you were the first to request emergency medical assistance, that you stayed on the scene, and that you cooperated with medical and law enforcement personnel. The defense does not apply if a police officer was already in the process of arresting you or executing a search warrant when the call was made.
The penalty group and the weight determine the charge. They do not determine the outcome. See Defense of Drug Cases in Texas.
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