The Texas Controlled Substances Act is complicated. There are simply many, many controlled substances. The reason these substances are "controlled" is primarily because of their potential for abuse. These controlled substances have strange and bizarre-sounding names that only analytical chemists are comfortable pronouncing, like "dimethoxyamphetamine," like "N-benzylpiperazine," or "mecloqualone." It is difficult to pronounce these words or spell them, much less identify them or understand what exactly they are. Texas classifies and divides up controlled substances into four penalty groups. Each of these groups have different punishments based on both how dangerous the drugs are considered by both medical and legal authorities as well as how much medical value they have. Chapter 481 of the Texas Health and Safety Code lists all of the controlled substances, and there are a lot of them. These are all included in the end notes. The charts below state the penalties for Possession of a Controlled Substance. However, Marijuana is not included in these penalty groups.
Penalty Group 1 (measured in grams)
Amount |
Penalty |
Fine |
Less than one |
State Jail Felony |
Up to $10k |
More than one and less than four |
Third Degree Felony |
Up to $10k |
Four and 200 |
Second Degree Felony |
Up to $10k |
More than 200 and less than 400 |
First Degree Felony |
Up to $100k |
More than 400 |
Ranges from 10 and 99 years in prison |
Up to $100k |
Penalty Group 1A – Only Lysergic Acid Diethylamide (LSD) (measured in "units")
Amount |
Penalty |
Fine |
Fewer than 20 |
State Jail Felony |
Up to $10k |
More than 20 and fewer than 80 |
Third Degree Felony |
Up to $10k |
More than 80 and fewer than 4,000 |
Ranges from 5 and 20 years in prison |
Up to $10k |
More than 4,000 |
Ranges from 15 and 99 years in prison |
Up to $250k |
Penalty Group 2 – PCP, Mescalin, Ecstasy (measured in grams)
Amount |
Penalty |
Fine |
Less than one |
State Jail Felony |
Up to $10k |
More than one and less than four |
Third Degree Felony |
Up to $10k |
More than four and less than 400 |
Second Degree Felony |
Up to $10k |
More than 400 |
First Degree Felony |
Up to $100k |
Penalty Group 3 – Xanax, Ambien, Valium (measured in grams)
Amount |
Penalty |
Fine |
Less than 28 |
Class A Misdemeanor |
Up to $4k |
More than 28 and less than 200 |
Third Degree Felony |
Up to $10k |
More than 200 and less than 400 |
Second Degree Felony |
Up to $10k |
More than 400 |
First Degree Felony |
Up to $100k |
Penalty Group 4 (measured in grams)
Amount |
Penalty |
Fine |
Less than 28 grams |
Class B Misdemeanor |
Up to $2k |
More than 28 and less than 200 grams |
Third Degree Felony |
Up to $10k |
More than 200 and less than 400 grams |
Second Degree Felony |
Up to $10k |
More than 400 grams |
First Degree Felony |
Up to $100k |