Common Types of Drug Charges in Texas

Whether you’re accused of possessing a small amount of marijuana or being involved in large-scale drug trafficking, the legal system does not take these offenses lightly in Texas. But not all drug charges are the same—penalties vary widely depending on the type of drug, the amount, and what you intended to do with it.

Understanding Texas drug laws is the first step in protecting yourself or a loved one from life-altering consequences. In this guide, we’ll break down the common types of drug charges and what they mean. But before we get into the specifics, let’s first talk about how Texas classifies controlled substances—because that classification plays a major role in determining penalties.

Texas Drug Penalty Groups

Not all drugs are treated equally under Texas law. Before diving into the types of drug charges, it’s essential to understand how Texas categorizes controlled substances. The state has established Penalty Groups, ranking drugs based on their potential for abuse and medical use. The higher the penalty group, the harsher the punishment. These classifications determine whether an offense is considered a minor misdemeanor or a serious felony with long-term prison time.

Let’s break down these penalty groups:

Penalty Group 1: Includes heroin, cocaine, methamphetamine, LSD, and opioids (such as fentanyl).

Penalty Group 2: Includes ecstasy (MDMA) and hallucinogens like PCP.

Penalty Group 3: Includes some prescription drugs like Xanax, Valium, and Ritalin.

Penalty Group 4: Includes prescription medications that contain narcotics.

Types of Drug Charges Types of Drug Charges Types of Drug Charges

Drug Possession (Possession of a Controlled Substance – PCS)

Possession of a controlled substance is one of the most common drug charges in Texas. It means having illegal drugs in your possession for personal use. The severity of the charge depends on the type and quantity of the drug.

Penalties for Possession

• • Less than 1 gram: State jail felony (180 days to 2 years in jail)
  • 1 to 4 grams: Third-degree felony (2 to 10 years in prison)
  • 4 to 200 grams: Second-degree felony (2 to 20 years)
  • 200 to 400 grams: First-degree felony (5 to 99 years or life)
  • Over 400 grams: 10 years to life in prison, plus hefty fines

Drug Distribution and Delivery

Drug distribution, also known as “possession with intent to distribute,” involves not just having drugs but also planning to sell or share them. Charges depend on the drug type, amount, and evidence of intent (such as packaging materials, cash, or scales).

Penalties for Drug Distribution

• • Selling less than 1 gram: State jail felony (up to 2 years in jail)
  • Selling 1-4 grams: Second-degree felony (2 to 20 years)
  • Selling over 400 grams: Up to life in prison
  • Selling to a minor: Enhanced felony charges

Even giving drugs away without payment can be classified as distribution and result in felony charges.

Drug Trafficking (Major Drug Offenses)

Texas is a major hub for drug trafficking due to its proximity to the U.S.-Mexico border. Drug trafficking involves transporting, manufacturing, or distributing large quantities of drugs.

Factors That Influence Drug Trafficking Charges:

• Amount and type of drug
• Presence of weapons
• Distribution across state lines
• Prior criminal record

Penalties for Drug Trafficking

Drug trafficking falls under federal and state laws, meaning penalties are severe:

• • Minimum 5 years to life in prison
  • Fines up to $10 million
  • Federal charges if drugs cross state or international borders

Manufacturing or Cultivation of Drugs

Drug manufacturing involves making illegal substances, while cultivation refers to growing plants like marijuana. Even possessing chemicals or equipment used to manufacture drugs (like a meth lab) can result in serious charges.

Penalties for Drug Manufacturing

• • State jail felony: Small amounts or possessing of drug paraphernalia
  • First-degree felony: Large-scale operations (5 to 99 years in prison)

Manufacturing drugs in school zones or near public places can lead to enhanced penalties.

Marijuana Charges in Texas

Despite marijuana legalization in some states, Texas still criminalizes recreational marijuana. However, hemp-derived products with less than 0.3% THC are legal.

Common Marijuana Charges

• • Possession of small amounts: Class B misdemeanor (up to 180 days in jail)
  • Over 4 ounces: Felony (1+ years in prison)
  • Selling any amount: Felony (2 to 99 years, depending on amount)
  • Marijuana concentrates (THC oil, edibles, wax, dabs): Treated as Penalty Group 2 drugs, meaning even small amounts result in felony charges.

Prescription Drug Fraud or Abuse

Misusing prescription drugs (such as Xanax, Adderall, or opioids) without a valid prescription is illegal. Charges may arise from:

• Doctor shopping (getting multiple prescriptions)
• Forging prescriptions
• Possessing prescription drugs illegally
• Selling prescription medications

Penalties range from misdemeanors to felonies, depending on the type and quantity.

Arrested? Don’t Plea, Call Me!

Whether you are facing a possession charge or a more severe offense like trafficking or manufacturing, understanding the law and having the right legal defense is critical. Texas does not take drug crimes lightly, and without proper legal representation, you could be facing penalties far beyond what you might expect.

If you or a loved one has been charged with a drug-related offense in Texas, don’t wait until it’s too late. The right defense strategy can mean the difference between a conviction and a dismissed case. At Texas Criminal Defense Group, we are committed to protecting your rights, fighting for your freedom, and ensuring you get the best possible defense.