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Texas drug penalty groups explained

Which group a drug is in, and how much it weighs, sets the charge.

In short: Texas sorts controlled substances into penalty groups (Health and Safety Code 481.102 to 481.105). The group and the aggregate weight, including mixtures, determine the offense level. For example, under 1 gram of a Penalty Group 1 or 2 substance is a state jail felony, while under 28 grams of a Penalty Group 3 substance is a Class A misdemeanor.

Which drugs are in each group?

Possession penalties

Possession penalties by penalty group and weight
Amount (aggregate weight)Penalty Group 1 / 1-B (cocaine, meth, heroin, fentanyl)Penalty Group 2 (THC concentrates, delta-8, MDMA)Penalty Group 3 (e.g. alprazolam, diazepam)
Less than 1 gramState jail felonyState jail felonyClass A misdemeanor (under 28 g)
1 to less than 4 gramsThird-degree felonyThird-degree felonyClass A misdemeanor (under 28 g)
4 to less than 200 gramsSecond-degree felonySecond-degree felonyThird-degree felony (28 to 200 g)
200 to less than 400 gramsFirst-degree felonySecond-degree felonySecond-degree felony
400 grams or more10 to 99 years or life, fine up to $100,0005 to 99 years or life, fine up to $50,0005 to 99 years or life, fine up to $50,000

Sources: Health and Safety Code 481.115, 481.116, 481.117. Weight includes adulterants and dilutants.

Why does "aggregate weight" matter?

Weight includes adulterants and dilutants. A THC vape cartridge is weighed by the oil it contains, not by the milligrams of THC on the label, so a single cartridge can reach the 1-gram line.

What are the Penalty Group 4 ranges?

Penalty Group 4 possession (Health and Safety Code 481.118)
Amount (aggregate weight)Level
Less than 28 gramsClass B misdemeanor
28 to less than 200 gramsThird-degree felony
200 to less than 400 gramsSecond-degree felony
400 grams or more5 to 99 years or life, fine up to $50,000

How is weight calculated?

For most penalty groups, the weight is the aggregate weight of the controlled substance including any adulterants or dilutants (Health and Safety Code 481.002). That means a mixture counts in full, not just the pure drug. Packaging is not supposed to be included. Small differences can move a case across a line, for example from under 1 gram to over 1 gram, which turns a state jail felony into a third-degree felony.

What about prescription pills?

Many prescription drugs are in Penalty Groups 1, 3 or 4. For Penalty Groups 3 and 4, it is a defense that the person obtained the substance directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice (481.117, 481.118). Pills carried in an unlabeled container are a common source of charges, so keep the pharmacy bottle and records.

What is a "controlled substance analogue"?

A substance with a chemical structure substantially similar to a Penalty Group 1 or 2 substance, or with a similar effect, can be prosecuted as if it were in the same group (Health and Safety Code 481.123). These cases often depend on expert chemistry testimony.

How do penalty groups affect delivery charges?

Delivery and possession with intent to deliver have their own, higher ranges for each group. See possession with intent to deliver.

Checklist for a drug case

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

Does a drug-free zone change a possession charge?

It can. Under Health and Safety Code 481.134(d), possession of less than 1 gram of a Penalty Group 1 or 2 substance, normally a state jail felony, becomes a third-degree felony if committed within 1,000 feet of the premises of a school, a youth center or a playground, or on a school bus. For higher possession ranges, 481.134(c) increases the minimum term by five years and doubles the maximum fine. Penalty Group 3 possession under 28 grams becomes a state jail felony (481.134(e)), and Penalty Group 4 possession under 28 grams becomes a Class A misdemeanor (481.134(f)).

Is there a defense for calling 911 about an overdose?

For the lowest possession levels, Texas law provides a defense for a person who was the first to request emergency medical help for someone else's possible overdose, stayed until help arrived and cooperated, or who was the person experiencing the overdose. It appears in 481.115(g) for under 1 gram of Penalty Group 1, 481.116(f) for under 1 gram of Penalty Group 2, and in the Penalty Group 3 and 4 sections for the lowest amounts. Each section lists situations where the defense does not apply.

Why does the penalty group matter so much?

The same weight can mean very different exposure. For example, 10 grams of a Penalty Group 1 substance is a second-degree felony (481.115(d)), while 10 grams of a Penalty Group 3 substance is a Class A misdemeanor (481.117(b)). That is why identifying the exact substance in the lab report is one of the first things to check.

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026

Common questions

What penalty group is fentanyl?

Penalty Group 1-B.

What penalty group is THC oil?

Penalty Group 2, under Health and Safety Code 481.103.

Does the weight of a drug include the mixture?

For most penalty groups, yes. Texas uses aggregate weight including adulterants and dilutants (Health and Safety Code 481.002).

Is having Xanax without a prescription a crime in Texas?

Alprazolam is in Penalty Group 3. Possession under 28 grams without a valid prescription is a Class A misdemeanor (481.117).

What is an aggravated drug charge?

Some higher-weight possession or delivery charges, and some offenses in drug-free zones, carry higher minimums.

Is the weight including the bag?

No. The weight is of the substance, including adulterants and dilutants, not the packaging.

Do not wait for your court date to get help. Call (214) 239-2013.

Call (214) 239-2013

Phones and chat are answered 24/7, with AI covering when no staff is free.

This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.

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