Drug Penalty Groups

The most common controlled substance (drugs) in Penalty Group 1:

• Cocaine

• Methamphetamine

• Heroin

• Opioids (e.g., pain killers, Codeine, Hydrocodone, Oxycodone, etc.)

• Less than 1 Gram of Controlled Substance PG1: Possession of less than one gram is a State Jail Felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.

• 1 to 4 Grams of Cocaine: Possession of one gram to four grams of cocaine is a third degree felony (for Possession), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.  

  • However, it is a second degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000

• 4 to 200 Grams of Controlled Substance PG1: Possession of four grams to 200 grams is a second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000. 

  • However, it is a first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000

• 200 to 400 Grams of Controlled Substance PG1: Possession of 200 grams to 400 grams is a first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000.

  • However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000

• More than 400 Grams of Controlled Substance PG1:  Possession of more than 400 grams is an “enhanced” first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine up to $100,000.

However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 15 years and a maximum of 99 years (or life) along with a fine not more than $250,000

NOTE: LSD falls under this classification with a group 1A classification. It carries a penalty from two years to life in prison. It also has a fine up to $250,000.

The most common drug in this group is LSD, which includes its salts, isomers, and salts of isomers.  In Texas, the amount is quantified in “units” instead of grams, ounces, or pounds.  Generally, one “unit” usually amounts to one use or one “hit or tab” of LSD.

1. Less than 20 Units of Controlled Substance PG1-A: Both Possession and Manufacture or Delivery of less than 20 units is a State Jail Felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.

2. 20 Units to 80 Units: Possession of 20-80 units is a third-degree felony, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.  

   • However, it is a second-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000

3. 80 Units to 4,000 Units: Possession of 80 up to 4,000 units is a second-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000. 

   • However, it is a first-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000

4. 4,000 Units to 8,000 Units: Possession of 4,000 units up to 8,000 units is a first-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000.

   • However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000

5. More than 8,000 Units:  Both Possession and Manufacture and Delivery charges of more than 8,000 units is an “enhanced” first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 15 years up to a maximum of 99 years (or life) along with a fine up to $250,000.