Texas Drug Penalty Group Calculator

The seven Texas drug penalty groups

Texas does not punish all controlled substances the same way. Health & Safety Code §§ 481.102 through 481.105 sort every regulated drug into one of seven groups, and each group has its own punishment statute. The grouping reflects a rough hierarchy of perceived danger and abuse potential — though the brackets do not always line up with federal scheduling, and a substance that is Schedule III federally may sit in Penalty Group 2 in Texas.

Penalty Group 1 (§ 481.102)

and derivatives, cocaine, methamphetamine, (when the dose exceeds 0.5 grams or is not in a § 481.105 preparation), ketamine in certain forms, GHB, and most Schedule II . The largest group, the largest dataset of cases, and the harshest brackets outside of .

Penalty Group 1-A (§ 481.1021)

LSD only. Quantity is measured in abuse units rather than grams — one dosed blotter equals one unit. The conversion matters: a single 100-blotter sheet is 100 abuse units, which sits in the second-degree-felony bracket for possession.

Penalty Group 1-B (§ 481.1022)

and analogues. Created by HB 6 effective September 1, 2023. Every quantity bracket sits one full offense level above the PG1 equivalent — see the section.

Penalty Group 2 (§ 481.103)

MDMA/Ecstasy, mescaline, psilocybin/psilocin, PCP, 2C-B, hashish concentrates above the 0.5-gram-of-THC threshold, and most Schedule I hallucinogens. The second-largest group by case volume.

Penalty Group 2-A (§ 481.1031)

Synthetic cannabinoids — K2, Spice, AB-FUBINACA, and the rotating list of designer compounds. Quantity is measured in grams up to two ounces, then in ounces and pounds. The misdemeanor floor is lower than PG2.

Penalty Group 3 (§ 481.104)

Alprazolam (Xanax), diazepam (Valium), clonazepam, lorazepam, anabolic steroids, ketamine (some forms), Adderall, Ritalin, low-dose preparations, and most Schedule III and IV substances. The floor offense is a Class A misdemeanor, not a felony.

Penalty Group 4 (§ 481.105)

cough syrup and limited-narcotic preparations — generally, prescription compounds with a small amount of a narcotic mixed with a non-narcotic active ingredient. Floor offense is Class B misdemeanor.

If a substance is not listed in any group, it may still be a controlled-substance analog under § 481.106 — meaning a compound that is substantially similar in chemical structure or effect to a Penalty Group 1 or Group 2 substance. Analog cases require expert testimony about chemical similarity, and the State sometimes loses them at trial when the lab analyst can't testify to substantial similarity in pharmacological effect.

Possession brackets by group

Possession of any controlled substance in Penalty Groups 1, 1-A, 1-B, or 2 is always a felony, even at the lowest weight bracket. Possession in Group 3 starts at a Class A misdemeanor; possession in Group 4 starts at Class B misdemeanor. Quantity is measured by aggregate weight including any adulterants or dilutants (§ 481.002(5)) — so cutting agents count toward the weight. That single rule is responsible for more felony drug indictments than any other single statutory provision.

*PG 1-B was added by HB 6 (88th Legislature) and the possession penalties are codified in § 481.1151 alongside PG 1-A's brackets — but with a one-level-higher offense at each weight tier.

Manufacture and delivery brackets

Delivery (§§ 481.112–.114) and manufacture (same statutes) sit one offense level higher than possession at every weight bracket. The State also has the option to charge possession with intent to deliver under the delivery statute — and circumstantial evidence is enough. Quantity inconsistent with personal use, baggies, scales, large cash, ledgers, multiple phones, or pre-arranged buyer contact all support the intent inference.

A 1.2-gram possession of cocaine is a third-degree felony (2 to 10 years). The same 1.2-gram amount charged as delivery or possession-with-intent is a second-degree felony (2 to 20 years). The difference between a 10-year and a 20-year ceiling sometimes comes down to whether the police inventory found a scale.

Delivery to a minor under § 481.122 is a second-degree felony regardless of weight; delivery to a child by an adult is a third-degree felony minimum. Both are non-probatable for certain prior records.

Penalty Group 1-B and after HB 6

HB 6 (88th Legislature, R.S., 2023) created a dedicated penalty structure for and analogues. The Legislature's reasoning: at the weight brackets that govern PG1 (1 gram = third-degree felony for possession), is several orders of magnitude more lethal per gram than cocaine or, so the same weight should carry harsher punishment.

Delivery of that causes death is now a first-degree felony under § 481.1123, with a 15-year minimum if death results from the delivered substance — sometimes called Texas's murder statute, though the State can also charge straight murder under Penal Code Ch. 19 when the facts support it.

Drug-free zone, prior felony, and other enhancements

Drug-free zone (§ 481.134)

Adds five years to the minimum prison term and doubles the maximum fine for offenses committed in, on, or within 1,000 feet of a school, day-care center, playground, youth center, public swimming pool, or video arcade. For misdemeanor-level offenses, it bumps the offense category up by one level. The 1,000-foot radius is enormous in dense neighborhoods — much of Dallas, Fort Worth, and Frisco lies inside some drug-free zone.

Prior felony drug conviction (§ 481.107)

A single prior final felony drug conviction enhances the new offense one level higher. The general habitual statute, Penal Code § 12.42, also applies — two prior sequential felony convictions on a new second- or third-degree drug felony triggers the 25-to-life habitual range.

Use of a child (§ 481.140)

Using a person under 18 to commit a drug offense raises the offense to the next higher punishment level. The State proves this by recruiting the minor as cooperator and walking him or her through testimony about runs, deliveries, or stash duty.

Resulting in serious bodily injury or death (§ 481.141)

Delivery resulting in serious bodily injury or death enhances to the next higher level. Combined with PG 1-B, a delivery causing death is a first-degree felony with a 15-year floor.

Manufacture in the presence of a child (§ 481.122)

Manufacturing methamphetamine within 30 feet of a child is a separately enumerated offense and a third-degree felony minimum.

Marijuana, hashish, and THC concentrates

Marijuana is not a Penalty Group substance. It's covered separately under §§ 481.120 (possession) and 481.121 (delivery), with its own ladder:

• Under 2 ounces: Class B misdemeanor
• 2 to 4 ounces: Class A misdemeanor
• 4 ounces to 5 pounds: State jail felony
• 5 to 50 pounds: 3rd-degree felony
• 50 to 2,000 pounds: 2nd-degree felony
• 2,000+ pounds: 1st-degree felony (life or 10 to 99 years)

The critical wrinkle is hashish and concentrates. THC oil, wax, shatter, and vape cartridges fall under Penalty Group 2 — meaning a single THC vape cartridge can be charged as a state-jail felony even when an equivalent weight of plant marijuana would be a misdemeanor. Texas courts have repeatedly affirmed this classification. After the 2019 hemp legalization, low-THC product (≤0.3% by dry weight) is not a controlled substance, which has created lab-testing disputes that have collapsed many marijuana prosecutions in the four-county DFW area.

How drug cases get won (and lost)

Most felony drug cases live or die on three fault lines: search, weight, and possession.

1. Search. Was the stop valid? Did the officer have probable cause to extend the stop and search? Was the consent voluntary? Did the warrant affidavit establish probable cause? Suppression motions under Tex. Code Crim. Proc. art. 38.23 win cases far more often than juries do.
2. Weight. Aggregate weight including adulterants and dilutants is a felony fault line. The DPS lab measures total weight, not pure-substance weight — but when the substance is a single dose pressed into a much larger pill, the lab analyst's chain of custody and methodology become contestable. Weight disputes are most common in pill cases and -laced powder.
3. Possession. The State must prove care, custody, control, or management and knowledge. In multi-occupant cars or shared houses, the so-called affirmative links doctrine controls — the State has to point to specific facts tying the defendant to the contraband. Generic presence is not enough.

Drug courts, deferred adjudication, and § 481.121

Texas has built a substantial diversion infrastructure for low-level drug offenses. The major paths:

Drug courts

Specialty courts operating under Gov't Code Ch. 123 in most large counties — Dallas, Tarrant, Collin, Denton all run one. Eligibility typically requires a non-violent felony drug charge, no prior trafficking or 3g-offense history, and willingness to commit to 12 to 18 months of supervised treatment.

Deferred adjudication

Available on all state-jail and third-degree drug felonies under Code of Criminal Procedure art. 42A.101. The judge accepts the plea, defers a finding of guilt, and places the defendant on community supervision. Successful completion means no final conviction. Important caveat: deferred adjudication for a drug felony still counts as a conviction for federal immigration purposes and for some employment licensing bars, which is why immigration consequences should be screened before any plea.

Pretrial diversion

DA-office programs — Collin's first-offender program, Tarrant's diversion track, Dallas's mental-health and Lift programs — that take eligible defendants off the docket entirely for a year. Successful completion means a dismissal and (in many counties) eligibility for expunction.

State-jail diversion under § 12.44 Penal Code

For state-jail-felony drug offenses, the judge can grant a § 12.44(a) (treat as Class A misdemeanor for punishment) or § 12.44(b) (allow misdemeanor plea-down) disposition. § 12.44(a) keeps the felony record; § 12.44(b) replaces it with a Class A.

Whether any of these paths is realistic depends on the offense level, the county, the prosecutor's office, the defendant's record, and the strength of the State's case. None is automatic. Plan early.