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In this article, we’ll break down the list of drug charges and sentences in Texas, including the key factors that affect sentencing. Texas has some of the strictest controlled substance laws in the country, and understanding the nuances of the penal code is crucial if you’re facing an accusation. Whether you’ve been charged with possession, manufacturing, or delivery, the penalties can severely impact your future.
At the Law Office of David D. White, PLLC, we can help you understand these complex laws and protect your rights.
These offenses are categorized into various charges based on the type and quantity involved. The most common crimes include:
The Texas Controlled Substances Act divides possession charges into penalty groups, and the gravity of the allegations can depend on the amount of the drug, its classification, and other factors. For instance, smaller amounts of certain penalty group drugs may result in misdemeanor offenses, while larger quantities can lead to felony charges.
The law categorizes controlled substances into different offense groups, each dictating the possible infringements and penalties, including:
Understanding which penalty group a drug falls under is vital for determining the sentence severity. For more detailed information on these classifications, visit the Texas Attorney General’s Penal Code Overview.
For a closer look at one common charge on this list, see Penalty Group 1 possession of one to four grams, a third-degree felony.
Although marijuana is becoming increasingly legalized in many states, Texas carrying a punishment range of up to 180 days in jail and a $2,000 fine. Larger quantities can result in criminal accusations. Sentencing also depends on the location of the offense—drug-free zones like schools result in harsher penalties.
In Texas if you are charged for possession with intent to distribute or manufacture, the penal code enhanced the penalty range by one level. For example, possessing between 1 and 4 grams of a Penalty Group 1 drug would normally be charged as a 3rd Degree Felony, carrying a punishment range of 2-10 years in prison. If you are charged with intent to distribute, you would be charged with a 2nd degree felony which carries a punishment range of a 2 to 20-year prison sentence.
Manufacturing, including the production of methamphetamine or synthetic drugs, carries heavy sanctions. Convictions range based on the proportions produced, but even small operations can lead to significant prison time. Manufacturing over 400 grams of a Penalty Group 1 substance can lead to 10 to 99 years in prison and fines up to $100,000. For an in-depth look at the theme, refer to Texas Drug Laws and Penalties.
Trafficking is referred to in the Texas Penal Code as manufacturing or delivering of the drug. Like those charged with intending to distribute a particular controlled substance, an allegation of producing the illicit drug comes with enhanced penalties.
Beyond prison time and fines, a conviction can affect your life in many other ways. These consequences may include:
A conviction can follow you long after your sentence ends, severely limiting opportunities in many areas of life.
Now that you know more about the list of some of the drug charges and sentences in Texas, and if you face drug crime allegations, remember that you don’t have to go through this alone. An experienced Austin Drug Crimes Lawyer is here to assist with your defense and help you understand the complexities of narcotics laws. Contact us at (512)-369-3737 or schedule for a free consultation and more information about how we can guide you through your case.
David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626