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Last Modified on Dec 05, 2025
Texas has notoriously strict drug crime laws and harsh penalties, meaning a drug charge can be devastating to your future. If you’re facing drug charges in Harris County, you are likely feeling stressed and confused about Harris County drug charges and penalties.
Common Drug Charges You May Be Facing
Drug use is not uncommon, but it can be deadly. Over 3,000 people aged 12+ reported illicit drug use in the past month, and about 1,000 accidental deaths occur each year in Harris County due to drug overdosing. Drug crimes are a wide variety of crimes relating to controlled substances. Some common offenses include:
- Possession: Possession describes when you possess a drug for your personal use, but being charged with possession with the intent to distribute involves drugs being in your possession with plans to sell or distribute them, a more serious charge.
- Distribution: Distribution covers large-scale trafficking of illegal substances, smaller transactions, and sharing illegal substances even without the transfer of money.
- Manufacture: Manufacturing charges include techniques or methods used to produce or prepare a drug, from relabeling a container to chemical synthesis.
When you are charged with a drug crime, the charge will also include which penalty group the drug falls under. According to the Texas Controlled Substances Act, penalty groups categorize drugs based on whether they are easily abused and have any valid medical uses. Penalty groups are used to determine the level of penalties that you may receive.
Possible Penalties for Drug Crimes in Harris County
Almost 250,000 people are sent to prison for drug crimes each year. Penalties are largely based on the penalty group the controlled substance belonged to and the quantity of the substance. Additional factors can elevate charges and add penalties, such as repeated offenses or offenses committed in a drug-free zone.
The following drug crime classifications can be used to estimate penalties for different drug possession charges based on quantity. Manufacture and distribution charges often carry higher classification and penalty levels.
Penalty group 1 and 1B are measured by weight, while 1A is based on dosage units. Substances include heroin, cocaine, fentanyl, LSD, and other highly addictive drugs. The classifications of charges involving these penalty groups are:
- <1gram/ <20 units: State jail felony
- 1-4 grams/ 20-80 units: 3rd-degree felony
- 4-200 grams/ 80-4,000 units: 2nd-degree felony
- 200-400 grams/ 4,000-8,000 units: 1st-degree felony
- >400 grams/ >8,000 units: Enhanced 1st-degree felony
Penalty group 2 includes drugs such as ecstasy and amphetamine. The classifications are:
- <1gram: State jail felony
- 1-4 grams: 3rd-degree felony
- 4-400 grams: 2nd-degree felony
- >400 grams: 1st-degree felony
Penalty group 3 includes stimulants and depressants such as anabolic steroids or Xanax. Penalty group 4 includes prescription and over-the-counter medications that could be addictive. The classifications are:
- <28 grams: Class A misdemeanor for penalty group 3 and Class B for Penalty group 4
- 28-200 grams: 3rd-degree felony
- 200-400 grams: 2nd-degree felony
- >400 grams: 1st-degree felony
Based on the type and quantity of a drug, your drug charge classification could lead to the following penalties:
- Up to 180 days in jail, up to $2,000 for a Class B misdemeanor
- Up to 1 year in jail, up to $4,000 for a Class A misdemeanor
- 180 days to 2 years in state jail, up to $10,000 for a state jail felony
- 2-10 years in prison, up to $10,000 for a 3rd-degree felony
- 2-20 years in prison, up to $10,000 for a 2nd-degree felony
- 5-99 years in prison, up to $10,000 for a 1st-degree felony
- 10-99 years in prison, up to $100,000 for an enhanced 1st-degree felony
Why Hire a Drug Crime Lawyer
A Harris County drug crime attorney can negotiate for an optimal outcome in drug crime cases. A lawyer can arrange a plea bargain in which you accept lesser charges in exchange for a lighter sentence or an emphasis on rehabilitation. In other cases, they may use evidence that proves police misconduct or an illegal search as grounds to dismiss your case. Reduced charges, dismissed cases, lessened penalties, and not guilty verdicts are an attorney’s goal.
If you are confused about your charges or the legal process, a lawyer can use their acumen in drug crime laws and court procedures to answer your questions. By working with a knowledgeable attorney, you can feel more confident and less anxious about fighting drug crime charges.
FAQs
How Long Are Drug Crimes on Your Record in Texas?
A drug crime can remain on your record indefinitely. Employers, landlords, financial institutions, and government officials can view your criminal record, which could limit future opportunities and be used to identify repeated offenses. A lawyer can determine if you are eligible to seal or expunge a drug crime conviction from your record.
What Are the Penalties for Possessing Marijuana?
For marijuana, the penalties are:
- <2 ounces: up to 180 days in jail and up to $2000
- 2-4 ounces: up to 1 year in jail and up to $4000
- 4 ounces- 5 lbs.: 180 days to 2 years in prison and up to $10,000
- 5-50 lbs.: 2-10 years in prison and up to $10,000
- 50-2,000 lbs.: 2-20 years in prison and up to $10,000
- >2,000 lbs.: 5-99 years and up to $50,000
What Are the Penalties for a Drug Crime for a Minor in Harris County?
While penalties can vary, possible outcomes include diversion programs, drug treatment, probation, detention, or deferred prosecution, so they are charged as an adult. Penalties are often less severe for minors, though they can still impact the child’s future. Working with a lawyer who can negotiate for rehabilitation-focused consequences can minimize the negative impact.
When Should You Contact a Drug Crime Lawyer?
Contact a lawyer as soon as you can. When you are arrested, request to contact a lawyer right away, and wait for their advice before speaking with law enforcement. Having a lawyer present may prevent police misconduct and self-incrimination. Your lawyer is also able to begin gathering evidence about your case that can be used in their defense.
Learn How Greco Neyland, PC, Can Help You
If you have questions about your drug charge, its penalties, and how to defend against them, a knowledgeable Harris County drug crime attorney is a great resource. Greco Neyland, PC, is a criminal defense law firm that has represented over 5,000 Texans. Contact us today for a free initial consultation to learn how our attorneys can help you face drug charges.
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