Texas Felony Drug Arrest Penalties
With the exception of small amounts of drugs in Penalty Groups 3 & 4, most possession of controlled substance charges are felony offenses. Most felony crimes are divided into 4 levels, (not including capital crimes) and each level has a different range of punishment. The typical felony levels, their range of jail time available, and some examples are:
State Jail Felony - 180 days to 2 years in State Jail
(possession of substance under 1 gram - Penalty Groups 1 & 2)
Third Degree Felony - 2 to 10 years in Prison
(possession of substance 1 to 4 grams - Penalty Groups 1 & 2,
possession of substance 28 to 200 grams - Penalty Groups 3 & 4)
Second Degree Felony - 2 to 20 years in Prison
(possession of substance 4 to 200 grams - Penalty Group 1,
possession of substance 4 to 400 grams - Penalty Group 2,
possession of substance 200 to 400 grams - Penalty Group 3 & 4)
First Degree Felony - 5 to 99 years in Prison
(possession of substance 200 to 400 grams - Penalty Group 1,
possession of substance over 400 grams - Penalty Groups 2, 3, &4)
