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Drug Possession With Intent To Deliver: Penalties

  • By: Ryan Hardy of Hardy Law Group, PLLC
  • Published: January 14, 2019
  • Category: Drug possession

Penalties for drug possession with intent to deliver:

In Texas, the applicable penalty for Possession of a Controlled Substance with the Intent to Deliver depends on both the quantity and the Penalty Group (each substance is assigned a penalty group). Common substances that fall into Penalty Group 1 are methamphetamine and cocaine. There are other considerations, as well, such as the location of the offense, i.e. drug-free zone, and other enhancements such as presence of a child. In this article we will address drug charges the impact of quantities and penalty group classification on the applicable punishment range.

Manufacture of, Delivery of, or Intent to Deliver a Controlled Substance

Penalty Group Quantity Punishment Range
Penalty Group 1 400 grams or more 15-99 years or life in prison and a $250K fine max.
Penalty Group 1 200 grams to less than 400 grams 10-99 years or life in prison and $100K fine max.
Penalty Group 1 4 grams to less than 200 grams 5-99 years or life in prison and a $10K fine max.
Penalty Group 1 1 gram to less than 4 grams 2-20 years in prison and a $10K fine max.
Penalty Group 1 Less than 1 gram 180 days to 2 years in the State Jail and a $10K fine max.
Penalty Group 1-A 4,000 units or more 15-99 years or life in prison and $250K fine max.
Penalty Group 1-A 80-3,999 units 5-99 years or life and $10K fine max.
Penalty Group 1-A 20-79 units 2-20 years in prison and $10K fine max.
Penalty Group 1-A Less than 20 unites 180 days to 2 years in the State Jail and $10K fine max.
Penalty Group 2 or 2-A 400 Grams or more 10-99 years or life in prison and $100K fine max.
Penalty Group 2 or 2-A 4 grams to less than 400 grams 5-99 years or life in prison and $10K fine max.
Penalty Group 2 or 2-A 1 gram to less than 4 grams 2-20 years in prison and $10K fine max.
Penalty Group 2 or 2-A Less than 1 gram 180 days to 2 years in the State Jail and $10K fine max.
Penalty Group 3 or 4 400 grams or more 10-99 years or life in prison and $100 fine max.
Penalty Group 3 or 4 200 to less than 400 grams 5-99 years or life in prison and $10K fine max.
Penalty Group 3 or 4 28 grams to less than 200 grams 2-20 years in prison and $10K fine max.
Penalty Group 3 or 4 Less than 28 grams 180 days to 2 years in the State Jail and $10K fine max.

11If you need help fighting a drug possession or delivery case, please call The Hardy Law Group, PLLC to schedule a complimentary consultation. Our experienced criminal defense attorneys know how to aggressively attack drug charges.

Ryan Hardy of Hardy Law Group, PLLC

About the Author Attorney Ryan Hardy graduated from the University of Texas at Austin with a BS in
Government/Political Science and a minor in Business Administration...Read More