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 GroupQuantityPunishment Range
Penalty Group 1400 grams or more15-99 years or life in prison and a $250K fine max.
Penalty Group 1200 grams to less than 400 grams10-99 years or life in prison and $100K fine max.
Penalty Group 14 grams to less than 200 grams5-99 years or life in prison and a $10K fine max.
Penalty Group 11 gram to less than 4 grams2-20 years in prison and a $10K fine max.
Penalty Group 1Less than 1 gram180 days to 2 years in the State Jail and a $10K fine max.
Penalty Group 1-A4,000 units or more15-99 years or life in prison and $250K fine max.
Penalty Group 1-A80-3,999 units5-99 years or life and $10K fine max.
Penalty Group 1-A20-79 units2-20 years in prison and $10K fine max.
Penalty Group 1-ALess than 20 unites180 days to 2 years in the State Jail and $10K fine max.
Penalty Group 2 or 2-A400 Grams or more10-99 years or life in prison and $100K fine max.
Penalty Group 2 or 2-A4 grams to less than 400 grams5-99 years or life in prison and $10K fine max.
Penalty Group 2 or 2-A1 gram to less than 4 grams2-20 years in prison and $10K fine max.
Penalty Group 2 or 2-ALess than 1 gram180 days to 2 years in the State Jail and $10K fine max.
Penalty Group 3 or 4400 grams or more10-99 years or life in prison and $100 fine max.
Penalty Group 3 or 4200 to less than 400 grams5-99 years or life in prison and $10K fine max.
Penalty Group 3 or 428 grams to less than 200 grams2-20 years in prison and $10K fine max.
Penalty Group 3 or 4Less than 28 grams180 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.