Punishments for Delivery or Manufacturing of a Controlled Substance varies, depending on the actual drug and the amount in weight that was intended to be delivered or sold.
The Texas Health and Safety Code divides Drugs into several "Penalty Groups" in order to quickly identify where a drug falls concerning sentencing and punishment. Below is an attempt to gather several statues into one easy to read chart.
Each punishment listed below refers to a penalty group, which contains examples of the more common drugs within that group -- so if you are seeking a drug not listed, check the Penalty Group. If a drug is unlisted in any penalty group, the most common charge is Possession of a Dangerous Drug.
The following chart identifies potential punishments for POCS in Penalty Group 1. This most commonly references Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than one gram | State jail felony | 180 days to 2 years in State Jail |
| 2 | 1 gram or more, less than 4 grams | Second-degree felony | 2 to 20 years in a state prison |
| 3 | 4 grams or more, but less than 200 grams | First-degree felony | 5 to 99 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 1-A. This most commonly references LSD. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Fewer than 20 units | State jail felony | 180 days to 2 years in State Jail |
| 2 | 20 or more units, but less than 80 units | Second-degree felony | 2 to 20 years in a state prison |
| 3 | 80 units or more, but less than 4,000 units | First-degree felony | 5 to 99 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 2. This most commonly references Ecstasy Pills & PCP. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than one gram | State jail felony | 180 days to 2 years in State Jail |
| 2 | 1 gram or more, less than 4 grams | Second-degree felony | 2 to 20 years in a state prison |
| 3 | 4 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 3 & 4. This most commonly references many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | Less than 28 grams | Class A misdemeanor | Not more than 1 year in a county jail |
| 2 | 28 grams or more, less than 200 grams | Second-degree felony | 2 to 20 years in a state prison |
| 3 | 200 grams or more, but less than 400 grams | First-degree felony | 5 to 99 years in a state prison |
The following chart identifies potential punishments for POCS in Penalty Group 5. This most commonly references Marijuana. Not all drugs are included, and nor are enhancements or severe cases.
| # | Weight of Drug | Type of Offense | Punishment |
|---|---|---|---|
| 1 | ?? ounce or less, given, not for payment | Class B misdemeanor | Not more than 6 months in a county jail |
| 2 | ?? ounce or less, for payment | Class A misdemeanor | Not more than 1 year in a county jail |
| 3 | More than ?? ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail |