Delivery of Substance in Penalty Group 3 or 4 / Punishment

Punishment for the offense of Manufacture of, Delivery of, or Possession with intent to Deliver a Substance in Penalty Group 3 or 4 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.114 is as follows:

•  Less than 28 grams

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  28 gram or more but less than 200 grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  200 grams or more but less than 400 grams

– First Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.00.

•  400 grams or more

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 10 years and a fine not to exceed $100,000.00.

Possession of Substance in Penalty Group 4 / Punishment

Punishment for the offense of Possession of a Substance in Penalty Group 4 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.118 is as follows:

•  Less than 28 grams

– Class B Misdemeanor

Punishable by confinement in the county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.00.

•  28 grams or more but less than 200 grams

– Third Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.00.

•  200 grams or more but less than 400 grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  400 grams or more

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $50,000.00.

Possession of Substance in Penalty Group 3 / Punishment

Punishment for the offense of Possession of a Substance in Penalty Group 3 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.117 is as follows:

•  Less than 28 grams

– Class A Misdemeanor

Punishable by confinement in the county jail for a term not to exceed 1 year and/or a fine not to exceed $4,000.00.

•  28 grams or more but less than 200 grams

– Third Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.00.

•  200 grams or more but less than 400 grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  400 grams or more

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $50,000.00.

Delivery of Substance in Penalty Group 2 / Punishment

Punishment for the offense of Manufacture of, Delivery of, or Possession with intent to Deliver a Substance in Penalty Group 2 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.113 is as follows:

•  Less than one gram

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  One gram or more but less than four grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  Four grams or more but less than 400 grams

– First Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.00.

•  400 grams or more

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 10 years and a fine not to exceed $100,000.00.

Possession of Substance in Penalty Group 2 / Punishment

Punishment for the offense of Possession of a Substance in Penalty Group 2 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.116 is as follows:

•  Less than one gram

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  One gram or more but less than four grams

– Third Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.00.

•  Four grams or more but less than 400 grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  400 grams or more

– First Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.00.