Texas Drug Penalty Groups: Possession, Delivery, and Zones

Texas sorts controlled substances into Texas drug penalty groups numbered 1, 1-A, 1-B, 2, 2-A, 3, and 4, with marijuana handled separately under its own statute. Group 1 and Group 1-B carry the harshest punishments, Groups 3 and 4 start at the misdemeanor level for small amounts, and the weight or dosage count involved decides whether a charge is a misdemeanor, a state jail felony, or a first-degree felony reaching up to 99 years or life in prison.

What the Punishment Labels Mean

Every drug charge in Texas maps to one of the classifications below. Knowing the range attached to each label makes the tier charts further down readable at a glance.

The drug statutes override these defaults at the highest weight tiers, imposing steeper minimum sentences and larger fines than the Penal Code alone. Those enhanced ranges appear alongside the tiers below.

What’s In Each Penalty Group

Penalty Group 1

Group 1 holds the substances Texas treats as the most dangerous. The list is dominated by opiates and opium derivatives together with cocaine, methamphetamine, and ketamine.7State of Texas. Texas Health and Safety Code 481.102 – Penalty Group 1 Heroin, hydrocodone, oxycodone, hydromorphone, and morphine all sit here when they aren’t covered by a lower group. Cocaine and its salts, coca leaves, and related preparations are also included. Placement in Group 1 doesn’t mean a drug has no medical use; oxycodone, hydrocodone, and cocaine all have recognized medical applications, but Texas categorizes them by abuse potential.

Penalty Group 1-A

Group 1-A covers LSD and a family of potent synthetic hallucinogens known as NBOMe compounds, sold under names such as 25I-NBOMe and 25B-NBOMe.8State of Texas. Texas Health and Safety Code 481.1021 – Penalty Group 1-A Because a single hit of LSD on blotter paper weighs almost nothing, charges are counted in dosage units (called “abuse units”) rather than grams.

Penalty Group 1-B

Group 1-B was created in 2021 for fentanyl and its chemical relatives, including alpha-methylfentanyl, carfentanil, sufentanil, alfentanil, remifentanil, and every other fentanyl derivative.9State of Texas. Texas Health and Safety Code 481.1022 – Penalty Group 1-B Group 1-B shares the same offense statutes as Group 1, so the possession and delivery penalties are identical.10State of Texas. Texas Health and Safety Code 481.115 – Offense: Possession of Substance in Penalty Group 1 or 1-B

Penalty Group 2

Group 2 focuses on hallucinogens and stimulants with high abuse potential. MDMA (ecstasy or molly), mescaline, and PCP analogs are the most recognizable entries, along with a range of newer designer drugs that mimic these core substances.11State of Texas. Texas Health and Safety Code 481.103 – Penalty Group 2

Penalty Group 2-A

Group 2-A targets synthetic cannabinoids, the lab-made chemicals sold under brand names like K2 and Spice. The statute defines structural classes of chemicals rather than listing every compound by name, so new formulations get caught even when a chemist tweaks the molecule.12State of Texas. Texas Health and Safety Code 481.1031 – Penalty Group 2-A

Penalty Group 3

Group 3 holds prescription drugs with legitimate medical uses but real abuse potential. Methylphenidate (Ritalin), alprazolam (Xanax), and anabolic steroids are among the best-known entries.13State of Texas. Texas Health and Safety Code 481.104 – Penalty Group 3 A valid prescription keeps possession legal. Without one, holding even a single pill is a criminal offense.

Penalty Group 4

Group 4 covers mixtures that combine small amounts of a narcotic with non-narcotic medicinal ingredients. The classic example is a cough preparation with no more than 200 milligrams of codeine per 100 milliliters.14State of Texas. Texas Health and Safety Code 481.105 – Penalty Group 4 The narcotic content is diluted, but possessing these formulations without a prescription still triggers criminal charges.

Marijuana

Marijuana isn’t in any numbered group. It has its own statute measured in ounces and pounds rather than grams, and the definition excludes industrial hemp products with low THC content permitted under agriculture regulations.15State of Texas. Texas Health and Safety Code 481.121 – Offense: Possession of Marihuana Natural cannabis is kept separate from the synthetic cannabinoids in Group 2-A.

Possession Penalties by Group

Groups 1 and 1-B

Charges escalate with the aggregate weight of the substance, including any adulterants or fillers mixed in.10State of Texas. Texas Health and Safety Code 481.115 – Offense: Possession of Substance in Penalty Group 1 or 1-B

  • Less than 1 gram: state jail felony
  • 1 gram to less than 4 grams: third-degree felony
  • 4 grams to less than 200 grams: second-degree felony
  • 200 grams to less than 400 grams: first-degree felony
  • 400 grams or more: enhanced first-degree felony, 10 to 99 years or life and a fine up to $100,000

The top tier overrides the Penal Code default. Instead of a five-year minimum, the floor is 10 years, and the fine cap is 10 times higher.

Group 1-A

Because LSD and NBOMe are counted in dosage units, Group 1-A uses its own scale.16State of Texas. Texas Health and Safety Code 481.1151 – Offense: Possession of Substance in Penalty Group 1-A

  • Fewer than 20 units: state jail felony
  • 20 to fewer than 80 units: third-degree felony
  • 80 to fewer than 4,000 units: second-degree felony
  • 4,000 to fewer than 8,000 units: first-degree felony
  • 8,000 units or more: enhanced first-degree felony, 15 to 99 years or life and a fine up to $250,000

The 8,000-unit tier carries the steepest minimum sentence in the entire Texas drug code. A single sheet of blotter paper with 100 perforated doses counts as 100 units.

Group 2

Group 2 uses a weight-based structure similar to Group 1 but with fewer tiers.17State of Texas. Texas Health and Safety Code 481.116 – Offense: Possession of Substance in Penalty Group 2

  • Less than 1 gram: state jail felony
  • 1 gram to less than 4 grams: third-degree felony
  • 4 grams to less than 400 grams: second-degree felony
  • 400 grams or more: enhanced first-degree felony, 5 to 99 years or life and a fine up to $50,000

Unlike Group 1, there’s no separate 200-to-400-gram tier. The jump goes straight from second-degree to enhanced first-degree.

Group 3

Small quantities of Group 3 substances start at the misdemeanor level.18State of Texas. Texas Health and Safety Code 481.117 – Offense: Possession of Substance in Penalty Group 3

  • Less than 28 grams: Class A misdemeanor
  • 28 grams to less than 200 grams: third-degree felony
  • 200 grams to less than 400 grams: second-degree felony
  • 400 grams or more: enhanced first-degree felony, 5 to 99 years or life and a fine up to $50,000

Group 4

Group 4 mirrors Group 3 above 28 grams but starts one step lower at Class B misdemeanor.19State of Texas. Texas Health and Safety Code 481.118 – Offense: Possession of Substance in Penalty Group 4

  • Less than 28 grams: Class B misdemeanor
  • 28 grams to less than 200 grams: third-degree felony
  • 200 grams to less than 400 grams: second-degree felony
  • 400 grams or more: enhanced first-degree felony, 5 to 99 years or life and a fine up to $50,000

Marijuana

Marijuana uses ounces and pounds rather than grams.15State of Texas. Texas Health and Safety Code 481.121 – Offense: Possession of Marihuana

  • 2 ounces or less: Class B misdemeanor
  • More than 2 ounces to 4 ounces: Class A misdemeanor
  • More than 4 ounces to 5 pounds: state jail felony
  • More than 5 pounds to 50 pounds: third-degree felony
  • More than 50 pounds to 2,000 pounds: second-degree felony
  • More than 2,000 pounds: enhanced first-degree felony, 5 to 99 years or life and a fine up to $50,000

Two ounces or less is one of the most commonly charged drug offenses in Texas. Many first-time offenders can avoid a conviction through pretrial diversion or deferred adjudication, but the charge still produces an arrest record that shows up on background checks.

Delivery and Manufacturing Penalties

Selling, distributing, or manufacturing carries stiffer punishment than simple possession at every weight tier. For Groups 1 and 1-B, delivery bumps each tier roughly one felony degree above the possession charge for the same weight.20State of Texas. Texas Health and Safety Code 481.112 – Offense: Manufacture or Delivery of Substance in Penalty Group 1 or 1-B

  • Less than 1 gram: state jail felony
  • 1 gram to less than 4 grams: second-degree felony
  • 4 grams to less than 200 grams: first-degree felony
  • 200 grams to less than 400 grams: enhanced first-degree felony, 10 to 99 years or life and a fine up to $100,000
  • 400 grams or more: enhanced first-degree felony, 15 to 99 years or life and a fine up to $250,000

Marijuana delivery has its own scale that turns on whether the person got paid.21State of Texas. Texas Health and Safety Code 481.120 – Offense: Delivery of Marihuana Giving away a quarter-ounce or less without compensation is a Class B misdemeanor; taking money for the same amount is a Class A misdemeanor. Delivering more than a quarter-ounce up to five pounds is a state jail felony. Above five pounds, charges climb through second- and first-degree felonies, topping out at 10 to 99 years or life and a $100,000 fine for quantities exceeding 2,000 pounds.

Drug-Free Zone Enhancements

Texas raises the penalty when a drug offense happens near certain locations, and the enhancement applies to both possession and delivery.

For delivery within 1,000 feet of a school, youth center, or playground, the charge climbs one felony degree. State jail becomes third-degree, third becomes second, and second becomes first.22State of Texas. Texas Health and Safety Code 481.134 – Drug-Free Zones The same enhancement kicks in within 300 feet of a public swimming pool or video arcade.

For higher-level offenses committed within 1,000 feet of a school or on a school bus, the minimum sentence rises by five years and the maximum fine doubles. State jail felony possession jumps to a third-degree felony.22State of Texas. Texas Health and Safety Code 481.134 – Drug-Free Zones Distance is measured in a straight line from the property boundary rather than along streets, and prosecutors don’t have to prove you knew a school was nearby.

Costs Beyond the Sentence

The statutory fine is the starting point, not the whole bill. Monthly probation supervision fees typically run $25 to $60, and felony drug probation often lasts several years. Courts routinely order drug testing as a bond or probation condition, with each urinalysis costing $20 to $100.

If you later qualify to seal or expunge the record, court filing fees vary by county and commonly run several hundred dollars. Mandatory drug education, treatment program fees, and any court-ordered restitution stack on top. The total out-of-pocket cost of a drug conviction routinely runs well past the statutory fine.