While drug use is becoming more common, there are still consequences that come with them. If you are found with illegal drugs in your possession, it’s important to know what penalties you could be facing.

In Texas, drugs are divided into penalty groups, defined in statute 481.102.

Penalty Group 1

The first and most serious group deals with substances including opiates, methamphetamine, opium, cocaine and heroin.

  • Under one gram: 180 days to two years in jail and up to $10,000
  • One to four grams: two to ten years in jail and up to $10,000
  • 200 and 400 grams: life in prison or between ten and 99 years, and up to $100,000

There is also a penalty group 1A, which deals specifically with LSD. The penalties for possession of LSD vary between 180 days in jail to life and up to $10,000 in fines, depending on the amount.

Penalty Group 2

Penalty Group 2 deals with drugs like hallucinogens, like DMT, MDMA, and THC, phenylacetone and depressants.

  • Under one gram: 180 days to two years in jail and up to $10,000
  • One to four grams: two and 10 years and up to $10,000
  • Four and 400 grams: two to 20 years in jail and up to $10,000
  • More than 400 grams: life or between five and 99 years in jail and up to $50,000

Penalty Group 2A addresses “synthetic chemical compounds mimicking the pharmacological effect of naturally occurring cannabinoids.” Possession can result in between 180 days and two years in jail and $2,000 to $10,000 in fines.

Penalty Group 3

The third group addresses the possession of drugs including Ritalin, Xanax, Nalorphine, codeine, morphine, peyote and appetite suppressants.

  • Under 28 grams: one year in jail and up to $4,000
  • 28 to 200 grams: two and 10 years and up to $10,000
  • 200 to 400 grams: two to 20 years in jail and up to $10,000
  • More than 400 grams: life or between five and 99 years in prison and up to $50,000

Penalty Group 4

The fourth and final penalty group deals with drugs that contain narcotics, Buprenorphine, Butorphanol or pyrovalerone.

  • Under 28 grams: 180 days in jail and $2,000
  • 28 to 200 grams: two and 10 years and up to $10,000
  • 200 to 400 grams: two to 20 years in jail and up to $10,000
  • More than 400 grams: life or between five and 99 years in prison and up to $50,000

If you are facing drug possession charges, know that you do not have to speak with law enforcement without your lawyer present. Always talk with an experienced criminal defense attorney to navigate the potential penalties.