Drug Delivery

Manufacture or delivery of drugs is the criminal charge for any form of drug dealing in Texas.The punishments can be much more severe than in simple possession cases, if the amounts are large enough, with sentences of up to life in a Texas prison and fines up to a quarter-million dollars.

Drugs that are Illegal in Texas

The Texas Health and Safety Code divides controlled substances into five penalty groups, plus a   marijuana category. They are:

Penalty Group Examples of drugs

1

Cocaine, heroin, methamphetamine, GHB, ketamine, oxycodone and hydrocodone.

1A

LSD

2

Ecstasy, PCP and mescaline.

3

Valium, Xanax and Ritalin.

4

Compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone

 

Texas Criminal Penalties for Dealing Drugs

As with simple possession laws in Texas, the punishments for manufacture or delivery of drugs vary according to the weight or amount of the drug. These are the punishments for the weights in the five penalty groups:

Drug Penalty Group 1

Weight Classification Penalty

Less than one gram

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 200 grams

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than 400 grams

Enhanced first-degree felony

10 to 99 years in a state prison and/or a fine of not more than $100,000

400 grams or more

Enhanced first-degree felony

15 to 99 years and a fine of not more than $250,000

Drug Penalty Group 1A

Drug Amount Classification Penalty

Fewer than 20 units

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

20 or more units, but less than 80 units

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

80 units or more, but less than 4,000 units

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

4,000 units or more

Enhanced first-degree felony

15 to 99 years in a state prison and a fine of not more than $250,000

Drug Penalty Group 2

Weight Classification Penalty

Less than one gram

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

1 gram or more, less than 4 grams

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

4 grams or more, but less than 400 grams

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

400 grams or more

Enhanced first-degree felony

10 to 99 years in a state prison and/or a fine of not more than $100,000

Drug Penalty Groups 3 and 4

Weight Classification Penalty

Less than 28 grams

Class A misdemeanor

Not more than 1 year in a county jail and/or a fine of not more than $4,000

28 grams or more, but less than 200 grams

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

200 grams or more, but less than  400 grams

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

400 grams or more

Enhanced first-degree felony

10 to 99 years and a fine of not more than $100,000

Marijuana

Weight Classification Penalty
¼ ounce or less, given, not for payment

Class B misdemeanor

Not more than 180 days in a county jail and/or a fine of not more than $2,000

¼ ounce or less, for payment

Class A misdemeanor

Not more than 1 year in a county jail and/or a fine of not more than $4,000

More than ¼ ounces, but less than 5 pounds

State jail felony

180 days to 2 years in a state jail and/or a fine of not more than $10,000

More than 5 pounds, but less than 50 pounds

Second-degree felony

2 to 20 years in a state prison and/or a fine of not more than $10,000

More than 50 pounds, but less than 2,000

First-degree felony

5 to 99 years in a state prison and/or a fine of not more than $10,000

More than 2,000 pounds

Enhanced first-degree felony

10 to 99 years and a fine of not more than $100,000

 

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