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Last Modified on Oct 01, 2026
Texas has a unique system for categorizing drug-related crimes. It divides controlled substances into what are known as penalty groups. Understanding how Texas classifies drugs into penalty groups is essential if you are facing charges. This blog will explain Texas drug penalty groups, along with how they impact sentencing for drug possession and distribution.
The penalties for any drug offense vary, as they depend on not just penalty groups but also how much of the substance you are accused of possessing. The thresholds for enhanced sentencing vary by penalty group. Greco Neyland, PC, can work to prevent you from enduring these penalties.
Penalty Group 1
Penalty Group 1 is the most serious category defined under the Texas Controlled Substances Act. This penalty group includes:
- Methamphetamine
- Cocaine
- Ketamine
- Heroin
- Other opiates
The lowest penalty for possession of a Penalty Group 1 drug is at most 2 years but at least 180 days in a state jail for possession of less than 1 gram of these substances. The highest is 10 years to life in prison for possession of more than 400 grams.
Penalty Group 1 is further broken up into Penalty Group 1-A drugs, which include LSD, and Penalty Group 1-B drugs, which encompass fentanyl and its derivatives. The primary difference is that Penalty Group 1-A drugs are measured in doses rather than grams. Also, the punishment range for possession of 8,000 abuse units or more of a Penalty Group 1-A drug is 15 years to life.
Penalty Group 2
Penalty Group 2 substances include PCP, ecstasy, mescaline, psilocybin, and synthetic cannabinoids. The primary difference between this group and Penalty Group 1 is that the punishment for Penalty Group 2 substances ranges from 5 years to life imprisonment for at least 400 grams, rather than starting at 10 years.
Penalty Group 3
Penalty Group 3 includes benzodiazepines, anabolic steroids, some barbiturates, peyote, oxycodone, and drugs containing hydrocodone. The sentencing schedule for Penalty Group 3 is a little different. Possessing under 28 grams leads to Class A misdemeanor charges, 28 to 200 grams of these drugs can result in third-degree felony charges, and 200 to 400 grams can lead to second-degree felony charges. Possession of more than 400 grams leads to a mandatory minimum of five years to life.
Penalty Group 4
The punishments for Penalty Group 4 substances, which include cough medicines that contain 200 mg of codeine per 100 g of medication, are the same as those outlined for Penalty Group 3.
Hire a Drug Crime Lawyer Today
Texas had more drug arrests in 2025 than any other state, with 11.2% of all the arrests reported across the country taking place within our state’s borders. If you’re facing charges for possession or distribution of a controlled substance in the Lone Star State, it’s time to hire a drug crime lawyer. A Texas drug crime attorney can explain the relevant drug crime laws and construct an effective defense.
The team here at Greco Neyland, PC, can advocate on your behalf. We have years of experience in handling drug crime cases ranging from simple possession to drug trafficking charges. Our founding attorneys, Jeff Greco and Dustan Neyland, both have prior experience working for the Harris County District Attorney’s Office. Now, they use the knowledge and skills they gained earlier in their careers to help those facing criminal charges. Contact us to schedule a consultation about your drug crime case today.
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