Drug Laws

State penalties are subject to change at any time by the Legislature and Governor. Federal penalties are subject to change by Congress and the President.

This information is only to be used as a guideline. Many things factor into a sentence, prior convictions and proximity to a school. When a controlled substance is distributed within 1,000 feet of a school or public university, federal statutory penalties double and sometimes triple.

Offense and Penalties under the Texas State Law

Possession of controlled substances (drugs)

  • Minimum: Fine not to exceed $10,000 and confinement in jail for a term of not more than two years or less than 180 days.
  • Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than fifteen years.

Manufacture or delivery of controlled substances (drugs)

  • Minimum: Fine not to exceed $10,000 and confinement in jail for a term of not more than two years or less than 180 days.
  • Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than fifteen years.

Possession of marijuana

  • Minimum: A fine not to exceed $2,000 and/or confinement in jail for a term of not more than 180 days.
  • Maximum: A fine not to exceed $250,000 and imprisonment for life or for a term of not more than 99 years nor less than five years.

Delivery of marijuana

  • Minimum: A fine not to exceed $2,000 and/or confinement in jail for a term of not more than 180 days.
  • Maximum: A fine not to exceed $100,000 and imprisonment for life or for a term of not more than 99 nor less than ten years.

Offense and Penalties under Federal Law

Possession of drugs (including marijuana)

  • Minimum: A fine of not less than $1,000 and/or imprisonment for up to one year.
  • Maximum: A fine of not less than $5,000 plus costs of investigation and prosecution, and imprisonment for not more than 20 years nor less than five years.

Manufacture, distribution, or dispensing of drugs (including marijuana)

  • Minimum: A fine of $250,000 and/or imprisonment for up to three years.
  • Maximum: A fine not to exceed $8,000,000 for an individual (or $20,000,000 if other than an individual) and imprisonment for life without release (no eligibility for parole).

Distribution of drugs to a person under 21 years of age

  • Minimum: Double the federal penalty for distribution of drugs.
  • Maximum: Triple the federal penalty for distribution of drugs.