Blog Post
Texas Drug Laws Explained
3/21/2026
Texas drug offenses are governed primarily by the Texas Controlled Substances Act, which classifies controlled substances into Penalty Groups 1 through 4. These categories determine how charges are filed and the severity of potential penalties. Substances are grouped based on medical use, likelihood of abuse, and overall risk to public health.
Penalties generally depend on:
The Penalty Group
The amount of the substance
Any prior convictions
Aggravating circumstances (such as proximity to schools or involvement of minors)
Texas Drug Penalty Groups
Penalty Group 1
Penalty Group 1 includes highly addictive and dangerous drugs such as cocaine, methamphetamine, heroin, fentanyl, and ketamine.
Penalties escalate based on weight:
Less than 1 gram: State jail felony (180 days to 2 years; up to $10,000 fine)
1 to 4 grams: Third-degree felony (2 to 10 years; up to $10,000 fine)
4 to 200 grams: Second-degree felony (2 to 20 years; up to $10,000 fine)
200 to 400 grams: First-degree felony (5 to 99 years; up to $10,000 fine)
Over 400 grams: Enhanced first-degree felony (10 to 99 years or life; fines up to $100,000)
Penalty Group 1-A
This group primarily covers LSD (lysergic acid diethylamide) and its analogs. Unlike other groups, charges are based on dosage units rather than weight.
Fewer than 20 units: State jail felony
Higher unit counts result in progressively enhanced felony charges
Because LSD is potent in very small amounts, even a limited number of doses can lead to serious charges.
Penalty Group 1-B
Penalty Group 1-B specifically addresses fentanyl and its analogs, reflecting the state’s concern over opioid-related fatalities. Penalties mirror those of Penalty Group 1 and can reach enhanced first-degree felony levels depending on quantity.
Penalty Group 2
This category includes hallucinogens such as PCP and other substances with significant abuse potential.
Less than 1 gram: State jail felony
1 to 4 grams: Third-degree felony
Larger quantities can lead to penalties ranging from 5 to 99 years and fines up to $50,000
Penalty Group 2-A
Synthetic cannabinoids such as K2 and Spice fall into this group.
Less than 2 ounces: Class B misdemeanor (up to 180 days in jail; up to $2,000 fine)
Greater quantities: Class A misdemeanor or felony charges
Despite being marketed as “legal” alternatives, these substances can carry serious criminal penalties.
Penalty Group 3
This group includes certain prescription medications such as Xanax and Ritalin when possessed without valid authorization.
Less than 28 grams: Class A misdemeanor (up to 1 year in jail; up to $4,000 fine)
Larger amounts result in escalating felony charges
Penalty Group 4
Penalty Group 4 includes compounds that contain small amounts of narcotics mixed with medicinal ingredients, such as certain codeine-based cough syrups.
Less than 28 grams: Class B misdemeanor
Larger quantities: Felony charges
Arlington Criminal Attorneys
3901 Arlington Highlands Blvd, Suite 200
Arlington, TX 76018