Two people caught with the same amount of drugs can face completely different felony levels — because Texas doesn’t punish drugs by how “bad” they are, it punishes them by which of seven penalty groups they fall into and how much you had. A Houston drug crimes lawyer can tell you exactly where your case lands.
The Seven Penalty Groups
- Penalty Group 1: Heroin, cocaine, methamphetamine, oxycodone, and morphine — the most heavily prosecuted group.
- Penalty Group 1-A: LSD and related compounds, measured in “abuse units” rather than weight.
- Penalty Group 1-B: Fentanyl and all fentanyl analogs, carved out as its own category given how Texas has escalated fentanyl enforcement.
- Penalty Group 2: MDMA/ecstasy, mescaline, amphetamine, and psilocybin mushrooms.
- Penalty Group 3: Xanax, Valium, Ativan, Ritalin, and other prescription depressants and stimulants.
- Penalty Group 4: Low-dose compounds with limited abuse potential and recognized medical uses.
Why Weight Changes Everything
For Penalty Group 1, possession under a gram is a state jail felony — but 400 grams or more is an enhanced first-degree felony with a substantially higher minimum sentence. The same climb applies across every group, and manufacture or delivery charges jump a full tier above simple possession at nearly every weight break.
Charged With a Drug Offense? Contact Blass Law Now
How your case is classified depends on lab results, chain of custody, and how the substance was weighed — all of which can be challenged. Contact Blass Law for a confidential case evaluation or call (713)-664-4000.
Related Charges
- Drug Conspiracy
- Federal Drug Charges
- Federal Weapons Charges
- Federal Fraud
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.