Texas Drug Statutes and Penalties

South Texas Drug Crimes Defense Attorney

The penalties you face for a Texas drug conviction will vary depending upon the type of drug in your possession or control, the amount of the drug or substance, whether you distributed the drug or took it across state lines, whether there was injury or death because of your distribution of the drug, and other factors.

Schedule of Controlled Substances

All illegal drugs and chemicals are listed in the Texas Schedule of Controlled Substances. Unlawful possession or distribution of drugs or chemicals listed in Schedules 1 and 2 are felony offenses. Small amounts of controlled substances in Schedules 3 and 4 may be charged as a misdemeanor, but sales, drug cultivation or manufacturing, and drug trafficking will be charged as felony drug offenses in Texas state or federal courts.

To see a list of controlled substances, see the Texas Department of State Health Services (PDF).

Potential Penalties for Texas Felony Cases

Felony drug crimes are divided into five levels:

• Capital felony punishment: Death penalty or imprisonment in the Texas Department of Criminal Justice for life without parole or until death.
• First degree felony punishment: 5 years to life in prison. Additionally, the person convicted of a first degree felony in Texas can be fined up to $10,000.
• Second degree felony punishment: 2 to 20 years in prison. Additionally, the person convicted of a second degree felony in Texas can be fined up to $10,000.
• Third degree felony punishment: 2 to 10 years in prison. Additionally, the person convicted of a second degree felony in Texas can be fined up to $10,000.
• State jail felony punishment: 180 days to 2 years in state jail. Additionally, the person convicted of a second degree felony in Texas can be fined up to $10,000. If a deadly weapon was involved during or after the offense, or the person charged was guilty of a prior felony conviction, the state felony may be bumped up to a third degree felony.

Contact Houston Criminal Defense Attorney Frank A. Rubino

For strong, experienced defense in the face of felony state or federal drug charges, contact the Houston law office of defense attorney Frank Rubino or call his Houston law office at 713-574-7716 or toll free at 1-866-718-3994.