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
- Manufacture, delivery, and possession with intent to deliver
- Mandatory community supervision
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 | 10 to 99 years or life TDCJ, fine up to $100,000 |
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.
Manufacture, delivery, and possession with intent to deliver
Once the State alleges manufacture, delivery, or possession with intent to deliver, the punishment range jumps a tier at most quantity levels, and the upper tiers carry minimum sentences not found in the possession statutes. Penalty Group 1-B (fentanyl) carries its own enhanced schedule.
Penalty Group 1 — section 481.112
| 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 | Second-degree felony | 2 to 20 years TDCJ |
| 4 grams to less than 200 grams | First-degree felony | 5 to 99 years or life TDCJ |
| 200 grams to less than 400 grams | Enhanced first-degree felony | 10 to 99 years or life TDCJ, fine up to $100,000 |
| 400 grams or more | Super-enhanced first-degree felony | 15 to 99 years or life TDCJ, fine up to $250,000 |
Penalty Group 1-A — section 481.1121
| Abuse units | Offense level | Punishment range |
|---|---|---|
| Fewer than 20 | State jail felony | 180 days to 2 years state jail |
| 20 to fewer than 80 | Second-degree felony | 2 to 20 years TDCJ |
| 80 to fewer than 4,000 | First-degree felony | 5 to 99 years or life TDCJ |
| 4,000 or more | Enhanced first-degree felony | 15 to 99 years or life TDCJ, fine up to $250,000 |
Penalty Group 1-B (fentanyl) — section 481.1123
Penalty Group 1-B has its own delivery statute with steeper penalties at every tier above the lowest. The minimums and fines below are explicit in the statute, not derived from the general Penal Code ranges.
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 1 gram | Third-degree felony | 2 to 10 years TDCJ |
| 1 gram to less than 4 grams | Second-degree felony | 2 to 20 years TDCJ |
| 4 grams to less than 200 grams | Enhanced first-degree felony | 10 to 99 years or life TDCJ, fine up to $20,000 |
| 200 grams to less than 400 grams | Super-enhanced first-degree felony | 15 to 99 years or life TDCJ, fine up to $200,000 |
| 400 grams or more | Maximum-enhanced first-degree felony | 20 to 99 years or life TDCJ, fine up to $500,000 |
Penalty Groups 2 and 2-A — section 481.113
The same delivery statute covers Penalty Group 2 and Penalty Group 2-A.
| 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 | Second-degree felony | 2 to 20 years TDCJ |
| 4 grams to less than 400 grams | First-degree felony | 5 to 99 years or life TDCJ |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years or life TDCJ, fine up to $100,000 |
Penalty Groups 3 and 4 — section 481.114
The same delivery statute covers Penalty Group 3 and Penalty Group 4.
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 28 grams | State jail felony | 180 days to 2 years state jail |
| 28 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 or life TDCJ |
| 400 grams or more | Enhanced first-degree felony | 10 to 99 years or life TDCJ, fine up to $100,000 |
Marijuana — section 481.120
The lowest tier of marijuana delivery is split: a small giveaway is a Class B misdemeanor; the same amount sold for any consideration is a Class A.
| Amount | Offense level | Punishment range |
|---|---|---|
| One-fourth ounce or less, no remuneration | Class B misdemeanor | Up to 180 days county jail |
| One-fourth ounce or less, with remuneration | Class A misdemeanor | Up to 1 year county jail |
| More than one-fourth ounce, up to 5 pounds | State jail felony | 180 days to 2 years state jail |
| More than 5 pounds, up to 50 pounds | Second-degree felony | 2 to 20 years TDCJ |
| More than 50 pounds, up to 2,000 pounds | First-degree felony | 5 to 99 years or life TDCJ |
| More than 2,000 pounds | Enhanced first-degree felony | 10 to 99 years or life TDCJ, fine up to $100,000 |
Manufacture of a Penalty Group 1 substance with a child present — section 481.1122
If the State proves at the punishment phase that a child younger than 18 was present on the premises during PG1 manufacture, section 481.1122 increases the penalties:
- Sections 481.112(b) and (c) — both increase by one offense degree.
- Section 481.112(e) (200 to less than 400 grams) — minimum sentence increases to 15 years; maximum fine increases to $150,000.
- Section 481.112(f) (400 grams or more) — minimum sentence increases to 20 years; maximum fine increases to $300,000.
Mandatory community supervision
For some state jail felony drug offenses, Texas law requires the judge to suspend the sentence and place the defendant on community supervision. This is article 42A.551 of the Texas Code of Criminal Procedure:
Art. 42A.551. PLACEMENT ON COMMUNITY SUPERVISION; EXECUTION OF SENTENCE. (a) Except as otherwise provided by Subsection (b) or (c), on conviction of a state jail felony under Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3), 481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision.
(b) If the defendant has been previously convicted of a felony, other than a felony punished under Section 12.44(a), Penal Code, or if the conviction resulted from an adjudication of the guilt of a defendant previously placed on deferred adjudication community supervision for the offense, the judge may: (1) suspend the imposition of the sentence and place the defendant on community supervision; or (2) order the sentence to be executed.
(c) Subsection (a) does not apply to a defendant who: (1) under Section 481.1151(b)(1), Health and Safety Code, possessed more than five abuse units of the controlled substance; (2) under Section 481.1161(b)(3), Health and Safety Code, possessed more than one pound, by aggregate weight, including adulterants or dilutants, of the controlled substance; or (3) under Section 481.121(b)(3), Health and Safety Code, possessed more than one pound of marihuana.
The covered state jail felony offenses are the lowest-tier possession charges:
- § 481.115(b) — Penalty Group 1 or 1-B, less than one gram
- § 481.1151(b)(1) — Penalty Group 1-A, fewer than 20 abuse units (limit: not more than 5 abuse units to qualify)
- § 481.116(b) — Penalty Group 2, less than one gram
- § 481.1161(b)(3) — Penalty Group 2-A, more than 4 ounces but not more than 5 pounds (limit: not more than 1 pound to qualify)
- § 481.121(b)(3) — Marijuana, more than 4 ounces but not more than 5 pounds (limit: not more than 1 pound to qualify)
- § 481.129(g)(1) — Prescription fraud (state jail tier)
Two important caveats. First, the rule applies only if there is no prior felony conviction (other than a felony reduced to a misdemeanor under Penal Code § 12.44(a)) and the conviction is not a deferred-adjudication revocation. A prior felony, or a revocation, removes the requirement and returns sentencing to the judge’s discretion. Second, if a jury assesses punishment, article 42A.551(e) requires the judge to follow the jury’s recommendation; if the jury declines to recommend community supervision, the judge must order the sentence executed.
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