| Offense | Minimum Punishment | Maximum Punishment |
|---|---|---|
| Manufacture of delivery of controlled substances (drugs) | Confinement in jail for a term of not more than 2 years. or less than 180 days, and a fine not to exceed $10,000 | Confinement in TDCJ for life or for a term of not more than 99 years nor less than 15 years, and a fine not to exceed $250,000 |
| Possession of controlled substances (drugs) | Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000 | Confinement in TDCJ for life or for a term of not more than 99 years nor less than 15 years, and a fine not to exceed $250,000 |
| Delivery of marijuana | Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000 or both | Confinement in TDCJ for life or for a term of not more than 99 years nor less than 10 years, and a fine not to exceed $100,000 |
| Possession of marijuana | Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000 or both | Confinement in TDCJ for life or for a term of not more than 99 years nor less than 5 years, and a fine not to exceed $50,000 |
| Driving while intoxicated (includes intoxication from alcohol, drugs or both | Confinement in jail for a term of not more than 180 days nor less than 72 hours, and a fine of not more than $2,000 | Imprisonment for a term of not more than 10 years nor less than 2 years, and a fine not to exceed $10,000 |
| Public Intoxication | A fine not to exceed $500 | Varies with age and number of offenses |
| Purchase of alcohol by a minor | A fine not to exceed $500 | Varies with age and number of offenses |
| Consumption or possession of alcohol by a minor | A fine not to exceed $500 | Varies with number of offenses |
| Purchase of alcohol for or furnishing of alcohol to a minor | A fine not to exceed $4,000 or confinement in jail for a term not to exceed one year, or both | A fine not to exceed $4,000 or confinement in jail for a term not to exceed one year, or both |
| Offense | Minimum Punishment | Maximum Punishment |
|---|---|---|
| Manufacture, distribution or dispensing of drugs (including marijuana) | A term of imprisonment for up to 3 years and a fine of $250,000 | A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 for an individual (or $20,000,000 if other than an individual) |
| Possession of drugs (including marijuana) | Imprisonment for not less than 15 days and a fine of not less than $1,000 | Imprisonment for not more than 20 years nor less than 5 years and a fine of not less than $5,000 plus costs of investigation & prosecution |
| Operation of a Common Carrier under the influence of alcohol or drugs | Imprisonment for up to 15 years and a fine not to exceed $250,000 |
The federal penalties quoted in these charts are based upon language contained in the applicable federal statutes creating criminal offenses regarding controlled substances and are subject to change at any time. However, there are additional factors in the federal sentencing guidelines, including various enhancement provisions for prior offenses. United States Code Title 21 § 860 provides that the federal statutory penalties double (and in some cases triple) when a controlled substance is distributed (or even possessed with intent to distribute) within 1,000 feet of a public university.
Texas Criminal Penalties
A Class C misdemeanor is punishable by a fine not to exceed $500 (Texas Penal Code § 12.23).
A Class B misdemeanor is punishable by a fine not to exceed $2,000; confinement in jail for a term not to exceed 180 days; or both fine and confinement (Texas Penal Code § 12.22).
A Class A misdemeanor is punishable by a fine not to exceed $4,000; confinement in jail for a term not to exceed 1 year; or both fine and confinement (Texas Penal Code § 12.21).
A state jail felony is punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and by a fine not to exceed $10,000 (Texas Penal Code § 12.35; Increased to a 3rd degree felony if a deadly weapon is used or exhibited or previously convicted of any felony).
A 3rd degree felony is punishable by imprisonment for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000 (Texas Penal Code § 12.34).
A 2nd degree felony is punishable by imprisonment for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000 (Texas Penal Code § 12.33).
A 1st degree felony is punishable by imprisonment 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 (Texas Penal Code § 12.32).
The Texas Penal Code further provides for increased penalties for repeat and habitual felony offenders and misdemeanor offenders. Also, the punishment for an offense will be increased to that prescribed for the next highest category of offense in certain instances if controlled substances are used to commit the offense (Texas Penal Code § 12.42, § 12.43, and § 12.49)
Texas Criminal Offenses
Offense of manufacture or delivery of controlled substances
These offenses are set out in the Texas Health and Safety Code § 481.112, § 481.1121, § 481.113, and § 481.114, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Texas Health and Safety Code § 481.032 contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year. Current controlled substance schedules are available from the Texas Department of State Health Services.
Texas Health and Safety Code § 481.112 deals with manufacture and delivery of controlled substances in Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 200 grams is a 1st degree felony; more than 200 grams and less than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine; more than 400 grams is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.
Texas Health and Safety Code § 481.1121 deals with manufacture and delivery of controlled substances in Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 2nd degree felony; number of abuse units more than 80 and less than 4000 is a 1st degree felony; more than 4000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.
Texas Health and Safety Code § 481.113 deals with manufacture and delivery of controlled substances in Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 2nd degree felony; more than 4 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.
Texas Health and Safety Code § 481.114 deals with manufacture and delivery of controlled substances in Penalty Group 3 and 4 drug offenses: less than 28 grams is a state jail felony; more than 28 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; and more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.
Offense of Possession of Controlled Substances
These offenses are set out in Texas Health and Safety Code § 481.115, § 481.1151, § 481.116, § 481.117, and § 481.118, which vary the offense and punishment based upon two factors: the type of drug (which schedule it is listed under) and the quantity of the drug involved in the offense. Texas Health and Safety Code § 481.032 contains long lists of drugs that are in schedules 1, 1-A, 2, 3, 4, and 5. Additional controlled substances are added to these schedules each year.
Texas Health and Safety Code § 481.115 deals with possession of controlled substances in Penalty Group 1 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 200 grams is a 2nd degree felony; more than 200 grams and less than 400 grams is a 1st degree felony; more than 400 grams is life imprisonment or a term of 10 to 99 years and up to a $100,000 fine.
Texas Health and Safety Code § 481.1151 deals with possession of controlled substances in Penalty Group 1-A drug offenses: number of abuse units less than 20 is a state jail felony; number of abuse units more than 20 and less than 80 is a 3rd degree felony; number of abuse units more than 80 and less than 4,000 is a 2nd degree felony; more than 4,000 units and less than 8,000 units is a 1st degree felony; and more than 8,000 units is life imprisonment or a term of 15 to 99 years and up to a $250,000 fine.
Texas Health and Safety Code § 481.116 deals with possession of controlled substances in Penalty Group 2 drug offenses: less than 1 gram is a state jail felony; more than 1 gram and less than 4 grams is a 3rd degree felony; more than 4 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.
Texas Health and Safety Code § 481.117 deals with possession of controlled substances in Penalty Group 3 drug offenses: less than 28 grams is a Class A misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; and more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.
Texas Health and Safety Code § 481.118 deals with possession of controlled substances in Penalty Group 4 drug offenses: less than 28 grams is a Class B misdemeanor; more than 28 grams and less than 200 grams is a 3rd degree felony; more than 200 grams and less than 400 grams is a 2nd degree felony; more than 400 grams is life imprisonment or a term of 5 to 99 years and up to a $50,000 fine.
Offense of Delivery of Marijuana
Texas Health and Safety Code § 481.120 deals with delivery of marijuana offenses: less than one-fourth ounce is a Class B misdemeanor if delivery is without remuneration; less than one-fourth ounce is a Class A misdemeanor if delivery is for remuneration; more than one-fourth ounce and less than 5 pounds is a state jail felony; more than 5 pounds and less than 50 pounds is a 2nd degree felony; more than 50 pounds and less than 2,000 pounds is a 1st degree felony; and more than 2,000 pounds is life imprisonment or a term of 10 to 99 years and a fine not to exceed $100,000.
Offense of Possession of Marijuana
Texas Health and Safety Code § 481.121 deals with possession of marijuana offenses: less than 2 ounces is a Class B misdemeanor; more than 2 ounces and less than 4 ounces is a Class A misdemeanor; more than 4 ounces and less than 5 pounds is a state jail felony; more than 5 pounds and less than 50 pounds is a 3rd degree felony; more than 50 pounds and less than 2,000 pounds is a 2nd degree felony; and more than 2,000 pounds is life imprisonment or a term of 5 to 99 years and a fine not to exceed $50,000.
Offense of Delivery of Controlled Substance or Marijuana to Minor
Texas Health and Safety Code § 481.122 deals with the offense of the delivery of a controlled substance or marijuana to a child (younger than 18 years of age) and provides that the offense is a 2nd degree felony which is punishable by imprisonment for a term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.
Offense of Driving While Intoxicated (Drugs or Alcohol)
Texas Penal Code § 49.04 and § 49.09 provide that the offense of driving while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours unless the driver had an open container of alcohol in his possession in which case the offense is a Class B misdemeanor with a minimum term of confinement of 6 days in jail. One prior conviction enhances the punishment to a Class A misdemeanor with a minimum term of confinement of 30 days; two prior convictions enhances the punishment to a 3rd degree felony. Texas Penal Code § 49.045, Driving While Intoxicated with Child Passenger, provides that if a person operates a motor vehicle in a public place while intoxicated and the vehicle is occupied by a passenger who is under 15 years of age, the person commits an offense that is punishable as a state jail felony. Texas Penal Code § 49.07, Intoxication Assault, provides that if a person, by mistake or accident, causes serious bodily injury to another while operating a motor vehicle in a public place while intoxicated, the offense is punishable as a 3rd degree felony. Texas Penal Code § 49.08, Intoxication Manslaughter, provides that if a person operating a motor vehicle in a public place is intoxicated and by reason of the intoxication causes the death of another by accident or mistake, the offense is punishable as a 2nd degree felony.
Offense of Possession of Alcohol in Motor Vehicle
Texas Penal Code § 49.031 provides that the penalty for the offense of possession of an open container of an alcoholic beverage in the passenger area of a motor vehicle that is located on a public highway is a Class C misdemeanor.
Offense of Public Intoxication
Texas Penal Code § 49.02 provides that the offense of public intoxication in which a person appears in a public place while intoxicated to the degree that the person may endanger himself or another person is punishable as a Class C misdemeanor, unless the person is younger than 21 years old, in which case Sections 106.071 and 106.115, Texas Alcoholic Beverage Code apply and provide for a Class C misdemeanor punishment and attendance at an alcohol awareness program, and if the offender has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver’s License or permit for 30 to 180 days and attendance at an alcohol awareness program.
Offense of Purchase of Alcohol by a Minor Defined
Texas Alcoholic Beverage Code § 106.02, § 106.071, and § 106.115 provide that the offense of the purchase of alcohol by a minor (a person under 21 years of age) is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and when the person has been previously convicted twice for an alcohol related offense by a minor, the punishment is a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver’s License or permit for 30 to 180 days and attendance at an alcohol awareness program.
Offense of Consumption of Alcohol by Minor
Texas Alcoholic Beverage Code § 106.04, § 106.071, and § 106.115 provide that the offense of consumption of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver’s License or permit for 30 to 180 days and attendance at an alcohol awareness program.
Offense of Possession of Alcohol by Minor
Texas Alcoholic Beverage Code § 106.05, § 106.071, and § 106.115 provide that the possession of alcohol by a minor is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the person has been previously convicted twice for an alcohol-related offense by a minor, the punishment is a fine of not less than $250 or more than $2000; confinement in jail for a term not to exceed 180 days; or both the fine and confinement; community service of 8 to 40 hours; suspension of Texas Driver’s License or permit for 30 to 180 days and attendance at an alcohol awareness program.
Offense of Sale of Alcohol to a Minor
Texas Alcoholic Beverage Code § 106.03 provides that the penalty for selling alcohol to a minor is a Class A misdemeanor.
Offense of Purchase of Alcohol for a Minor or Furnishing Alcohol to a Minor
Texas Alcoholic Beverage Code § 106.06 provides that a person who purchases, or gives, or with criminal negligence, makes available an alcoholic beverage to a minor commits a Class A misdemeanor unless the person is the adult parent, guardian, or spouse of the minor, or an adult in whose custody the minor has been committed by a court and such person is present when the minor possesses or consumes the alcoholic beverage.
Offense of Misrepresentation of Age by a Minor to Person Selling or Serving Alcoholic Beverages
Texas Alcoholic Beverage Code § 106.07, § 106.071, and § 106.115 provide that the penalty for misrepresentation of age by a minor to a person selling or serving alcoholic beverages is punishable as a Class C misdemeanor and attendance at an alcohol awareness program, and where the offender is a minor previously convicted twice for alcohol-related offenses, a fine of not less than $250 or more than $2,000; confinement in jail for a term not to exceed 180 days; or both fine and imprisonment; community service of 8 to 40 hours; suspension of Texas Driver’s License for 30 to 180 days and attendance at an alcohol awareness program.