Manufacturing illegal drugs in Texas is a very serious drug crime. It is a crime in Texas to grow, produce, or possess certain controlled plants and other naturally occurring elements and to produce illegal controlled substances which require the use of certain chemicals and equipment in their production.
Title 6, Subtitle C, Chapter 481 of the Texas Health and Safety Code divides controlled substances into five penalty groups, with a separate category for marijuana. A complete list of controlled substances including prescription drugs are listed in the code. Penalties for possession, delivery and drug manufacturing are dependent on the quantity of the drug and how the substance is classified.
There are four Penalty Groups listed.
Penalties can be increased if you are charged in a drug free zone, such as a school or playground.
Group 1 |
Charge |
Punishment |
Less than one gram |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
1 - 4 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
4 - 200 grams |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
200 - 400 grams |
Enhanced First-degree Felony |
10 to 99 years or life in a state prison and a fine up to $100,000 |
400 grams or more |
Enhanced First-degree Felony |
15 to 99 years or life in a state prison and a fine up to $250,000 |
Group 1A |
Charge |
Punishment |
Less than 20 units |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
20 - 80 units |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
80 - 4,000 units |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
4,000 units or more |
Enhanced First-degree Felony |
15 to 99 years or life in a state prison and a fine up to $250,000 |
Group 2 |
Charge |
Punishment |
Less than one gram |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
1 - 4 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
4 - 400 grams |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
10 to 99 years or life in a state prison and a fine not to exceed $100,000 |
Group 3 & 4 |
Charge |
Punishment |
Less than 28 grams |
State jail Felony |
180 days to 2 years in state jail and a fine not to exceed $10,000 |
28 - 200 grams |
Second-degree Felony |
2 to 20 years in a state prison and a fine not to exceed $10,000 |
200 - 400 grams |
First-degree Felony |
5 to 99 years or life in a state prison and a fine not to exceed $10,000 |
400 grams or more |
Enhanced First-degree Felony |
10 to 99 years or life in a state prison and a fine not to exceed $100,000 |