Criminal Penalties Involving Marijuana And Other Drugs

The first thing to know about penalties for possession or distribution of marijuana and other drugs is this: You owe it to yourself to defend yourself as vigorously as you can to avoid fines, jail time and a criminal record. The defense lawyers at Griffith & Dominguez in San Antonio are available to be your strong allies in the fight of your life after a drug crime arrest.

If You Are Convicted Of A Marijuana Offense In Texas

This summary of penalties is not intended to be comprehensive or tailored to your unique circumstances. It gives examples of how your punishment may be classified or quantified if a court finds you guilty:

For Possession Of MarijuanaFor Delivery Of Marijuana
Less than 2 oz.: a Class B misdemeanorLess than one quarter ounce delivered without compensation: a Class B misdemeanor
More than 2 oz. and less than 4 oz.: a Class A misdemeanorLess than one quarter ounce delivered with compensation: a Class A misdemeanor
More than 4 oz. and less than five pounds is a state jail felonyMore than one quarter ounce and less than five pounds delivered: a state jail felony
For Possession Of Marijuana, ContinuedFor Delivery Of Marijuana, Continued
More than five pounds and less than 50 pounds: a third-degree felonyMore than five pounds and less than 50 pounds delivered: a second degree felony
More than 50 pounds and less than 2000 pounds: a second degree felonyMore than 50 pounds and less than 2000 pounds delivered: a first degree felony
More than 2000 pounds: subject to life imprisonment or a term of 5 to 99 years and a fine not to exceed $50,000More than 2000 pounds delivered: life imprisonment or a term of 10 to 99 years and a fine not to exceed $100,000
Misdemeanor PenaltiesFelony Penalties
Class B: a fine up to $2,000; jail time up to 180 days; or both

A state jail felony: jail time between 180 days and two years, and a fine up to $10,000

A first-degree felony: imprisonment between 5 years and life and a fine up to $10,000

Class A: a fine up to $4,000; jail time up to one year; or bothA second-degree felony: jail time between two and 20 years, and a fine up to $10,000
A third-degree felony: imprisonment between two and 10 years and a fine up to $10,000

Consult with an attorney to learn more specifically how you may be punished if you are convicted of possession or delivery of marijuana, based on the evidence the prosecution claims in your case.

If You Are Convicted Of Manufacture Or Delivery Of An Illegal Drug Other Than Marijuana

Group 1 Drug Offenses
Less than 1 gram: a state jail felonyMore than 200 grams and less than 400 grams: life imprisonment or a term of 10 to 99 years and up to a $100,000 fine
More than 1 gram and less than 4 grams: a second-degree felonyMore than 400 grams: life imprisonment or a term of 10 to 99 years and up to a $250,000 fine
More than 4 grams and less than 200 grams: a first-degree felony
Group 1-A Drug Offenses
Number of abuse units less than 20: a state jail felonyMore than 4000 units: life imprisonment or a term of 15 to 99 years and up to a $250,000 fine
Number of abuse units more than 20 and less than 80: a second-degree felony
Number of abuse units more than 80 and less than 4000: a first-degree felony
Group 2 Drug Offenses
Less than 1 gram: a state jail felonyMore than 400 grams: life imprisonment or a term of 10 to 99 years and up to a $100,000 fine
More than 1 gram and less than 4 grams: a second-degree felony
More than 4 grams and less than 400 grams is a first-degree felony
Group 3 And 4 Drug Offenses
Less than 28 grams: a state jail felonyMore than 400 grams: life imprisonment or a term of 10 to 99 years and up to a $100,000 fine
More than 28 grams and less than 200 grams is a second-degree felony
More than 200 grams and less than 400 grams is a first-degree felony

If You Are Convicted Of Possession Of An Illegal Drug Other Than Marijuana

Penalty Group 1 Drug Offenses(Examples: cocaine, heroin)
Less than 1 gram is a state jail felonyMore than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine
More than 1 gram and less than 4 grams is a third-degree felony
More than 4 grams and less than 200 grams is a second-degree felony
Group 1-A Drug Offenses(example: LSD)
Number of abuse units less than 20 is a state jail felonyMore than 4000 units and less than 8000 units is a first-degree felony
Number of abuse units more than 20 and less than 80 is a third-degree felonyMore than 8000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine
Number of abuse units more than 80 and less than 4000 is a second-degree felony
Group 2 Drug Offenses(example: Ecstasy)
Less than 1 gram is a state jail felony

More than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine

More than 1 gram and less than 4 grams is a third-degree felony
More than 4 grams and less than 400 grams is a second-degree felony
Group 3 Drug Offenses(example: clonazepam)
Less than 28 grams is a Class A misdemeanorMore than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine
More than 28 grams and less than 200 grams is a third-degree felony
More than 200 grams and less than 400 grams is a second-degree felony
Group 4 Drug Offenses(example: morphine)
Less than 28 grams is a Class B misdemeanorMore than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine
More than 28 grams and less than 200 grams is a third-degree felony
More than 200 grams and less than 400 grams is a second-degree felony

Contact Us For Help And Advocacy

Trying to determine for yourself what penalties you might face after a drug crime arrest can be confusing and frightening. The smartest course of action after you have been arrested or charged with a drug crime is to discuss your case with an experienced lawyer with a strong track record. Contact Griffith & Dominguez in San Antonio at 210-899-4588 or by email.