Texas Drug Laws: Penalties, Charges & Treatment Options

Texas drug laws are governed primarily by the Texas Controlled Substances Act, codified in Health and Safety Code Chapter 481. Unlike the federal system that uses Schedules I through V, Texas classifies controlled substances into Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4, with penalties escalating based on both the penalty group and the quantity possessed. The Texas Department of Public Safety maintains the official list of substances in each group. Texas is widely regarded as having some of the strictest drug laws in the United States, with felony charges possible for possessing even small amounts of certain substances. Driving While Intoxicated (DWI) offenses are prosecuted under Texas Penal Code Chapter 49, with penalties ranging from a Class B misdemeanor for a first offense to a third-degree felony for a third or subsequent offense. Texas sets the legal blood alcohol concentration (BAC) limit at 0.08% for adults and 0.00% for minors under its zero-tolerance policy. The state has also enacted enhanced penalties for intoxication assault (Penal Code § 49.07) and intoxication manslaughter (Penal Code § 49.08). In recent years, Texas has taken aggressive action against fentanyl through HB 6 (88th Legislature, 2023), which created enhanced manufacturing and delivery penalties for fentanyl (Penalty Group 1-B) and established a fentanyl murder offense. The state has also incrementally expanded its Compassionate Use Program for medical cannabis while maintaining its prohibition on recreational marijuana. Drug court programs under Government Code Chapter 123 offer treatment-based alternatives for eligible offenders.

Texas imposes strict penalties for drug possession under Health and Safety Code Chapter 481, Subchapter D. Penalties vary based on the Penalty Group of the substance and the quantity possessed. **Penalty Group 1 or 1-B (HSC § 481.115):** Possessing less than 1 gram is a state jail felony (180 days to 2 years, up to $10,000 fine). One to less than 4 grams is a third-degree felony (2 to 10 years, up to $10,000). Four to less than 200 grams is a second-degree felony (2 to 20 years, up to $10,000). Two hundred to less than 400 grams is a first-degree felony (5 to 99 years or life, up to $10,000). Four hundred grams or more is an enhanced first-degree felony (10 to 99 years or life, up to $100,000). **Penalty Group 2 (HSC § 481.116):** Less than 1 gram is a state jail felony. One to less than 4 grams is a third-degree felony. Four to less than 400 grams is a second-degree felony. Four hundred grams or more is an enhanced first-degree felony (5 to 99 years or life, up to $50,000). **Penalty Group 3 (HSC § 481.117):** Less than 28 grams is a Class A misdemeanor (up to 1 year, up to $4,000). Twenty-eight to less than 200 grams is a third-degree felony. Two hundred to less than 400 grams is a second-degree felony. Four hundred grams or more is a first-degree felony (5 to 99 years or life, up to $10,000). **Penalty Group 4 (HSC § 481.118):** Less than 28 grams is a Class B misdemeanor (up to 180 days, up to $2,000). Twenty-eight to less than 200 grams is a third-degree felony. Two hundred to less than 400 grams is a second-degree felony. Four hundred grams or more is a first-degree felony. **Marijuana (HSC § 481.121):** Two ounces or less is a Class B misdemeanor. More than 2 ounces but not more than 4 ounces is a Class A misdemeanor. More than 4 ounces but not more than 5 pounds is a state jail felony. More than 5 pounds but not more than 50 pounds is a third-degree felony. More than 50 pounds but not more than 2,000 pounds is a second-degree felony. More than 2,000 pounds is an enhanced first-degree felony (5 to 99 years or life, up to $50,000). All drug-free zone enhancements under HSC § 481.134 can increase the punishment category by one level when offenses occur within 1,000 feet of a school, playground, youth center, or public swimming pool.

Texas prosecutes impaired driving as Driving While Intoxicated (DWI) under Penal Code Chapter 49. The legal BAC limit is 0.08% for adults 21 and older, and Texas has a zero-tolerance policy for drivers under 21 under Alcoholic Beverage Code § 106.041. **First Offense DWI (Penal Code § 49.04):** Class B misdemeanor. Up to 180 days in jail with a minimum of 72 hours (or 6 days if an open container was present), fine up to $2,000, and driver's license suspension of 90 days to 1 year. A BAC of 0.15 or more elevates the offense to a Class A misdemeanor (up to 1 year in jail, up to $4,000 fine). **Second Offense DWI (Penal Code § 49.09(a)):** Class A misdemeanor. Thirty days to 1 year in jail, fine up to $4,000, and driver's license suspension up to 2 years. **Third or Subsequent Offense DWI (Penal Code § 49.09(b)):** Third-degree felony. Two to 10 years in prison, fine up to $10,000, and driver's license suspension up to 2 years. **DWI with Child Passenger (Penal Code § 49.045):** If a person operates a motor vehicle while intoxicated with a passenger younger than 15 years of age, the offense is a state jail felony (180 days to 2 years in state jail, up to $10,000 fine), regardless of whether it is a first offense. **Intoxication Assault (Penal Code § 49.07):** Third-degree felony. If a person causes serious bodily injury while operating a vehicle while intoxicated, the penalty is 2 to 10 years in prison and up to $10,000 fine. **Intoxication Manslaughter (Penal Code § 49.08):** Second-degree felony. If a person causes the death of another by operating a vehicle while intoxicated, the penalty is 2 to 20 years in prison and up to $10,000 fine. Texas also imposes administrative license revocation through the Department of Public Safety, surcharges, mandatory ignition interlock devices for repeat offenders, and mandatory alcohol education programs.

Recreational marijuana remains illegal in Texas. Possession of any amount is a criminal offense under HSC § 481.121, with penalties ranging from a Class B misdemeanor for 2 ounces or less to an enhanced first-degree felony for more than 2,000 pounds. Texas has a very limited medical cannabis program through the Compassionate Use Program (CUP), established by SB 339 in 2015 and codified in Health and Safety Code Chapter 487. The program was significantly expanded by HB 3703 (86th Legislature, 2019) and most recently by HB 46 (89th Legislature, 2025). **Current Qualifying Conditions (as of September 1, 2025):** Epilepsy, seizure disorders, multiple sclerosis, spasticity, amyotrophic lateral sclerosis (ALS), autism, terminal cancer, incurable neurodegenerative diseases, PTSD, chronic pain (continuous or intermittent severe pain lasting more than 90 days), traumatic brain injury, Crohn's disease, terminal diseases, and hospice care patients. **THC Limit:** The maximum allowable THC concentration was raised from 0.5% to 1% by HB 46, effective September 1, 2025. **Dispensaries:** As of 2025, the Department of Public Safety is authorized to issue up to 15 dispensary licenses statewide (increased from 3 by HB 46). Nine new licenses were to be issued by December 2025 and 3 more by April 2026. **Approved Delivery Methods:** Low-THC cannabis products including oils, capsules, lotions, transdermal patches, suppositories, and approved inhalation devices (nebulizers, vaporizers, inhalers) with physician approval. Texas has NOT decriminalized marijuana at the state level, though some individual cities (such as Austin) have adopted local policies directing law enforcement to deprioritize low-level marijuana possession enforcement.

Texas enacted a limited Good Samaritan law for drug overdoses through SB 811 (87th Legislature, 2021), which added defensive provisions to several drug possession statutes in Health and Safety Code Chapter 481, including § 481.115(g)-(i) (Penalty Group 1), § 481.1151(g)-(i) (Penalty Group 1-B), § 481.116(f)-(h) (Penalty Group 2), § 481.117(f)-(h) (Penalty Group 3), § 481.118(f)-(h) (Penalty Group 4), § 481.121(c)-(e) (marijuana), and § 481.125(g)-(i) (paraphernalia). The law provides a defense to prosecution — not immunity from arrest — for individuals who: (1) were the first person to request emergency medical assistance in response to a possible overdose; (2) made the request during an ongoing medical emergency; (3) remained on the scene until medical assistance arrived; and (4) cooperated with medical assistance and law enforcement personnel. The defense also extends to the overdose victim for whom assistance was sought. **Key Limitations:** The defense applies only to possession of small amounts of controlled substances (quantities at the lowest penalty level for each group). It does not apply if a peace officer was already in the process of arresting the person or executing a search warrant at the time of the call. The defense is also unavailable if the person has previously used the defense within the preceding 18-month period. Notably, this is a defense to prosecution, not immunity from arrest, meaning a person may still be arrested and must raise the defense at trial.

Texas enacted its naloxone access law in 2015, codified in Health and Safety Code § 483.101-483.106 (Subchapter C, Chapter 483). The law provides civil and criminal liability protection for prescribers, dispensers, and individuals who administer naloxone (brand name Narcan) in good faith to a person experiencing a suspected opioid overdose. **Prescriber Authority:** Physicians and other authorized prescribers may prescribe or issue standing orders for naloxone to individuals at risk of opioid overdose, family members, or first responders (HSC § 483.103). **Pharmacist Dispensing:** Pharmacists may dispense naloxone under a standing order without a patient-specific prescription. The Texas Pharmacy Association offers a naloxone standing order program that pharmacists can enroll in after completing a one-hour training course. **Standing Orders:** Texas does not have a single statewide standing order issued by a state health official. Instead, individual prescribers issue standing orders that pharmacies and organizations may operate under. The Texas Overdose Training Institute (TXOTI) facilitates standing order requests for qualifying organizations. **Good Faith Administration:** Any person who in good faith administers naloxone to another person who appears to be experiencing an opioid-related drug overdose is not liable for civil damages or subject to criminal prosecution for the administration (HSC § 483.106). **Over-the-Counter:** Following FDA approval of over-the-counter naloxone (Narcan nasal spray) in March 2023, naloxone is also available without a prescription at pharmacies in Texas.

Texas drug court programs are authorized under Government Code Chapter 123, enacted in 2001 and subsequently amended. Drug courts provide judicially supervised treatment-based alternatives to traditional criminal prosecution for eligible defendants with substance use disorders. **Eligibility (Gov. Code § 123.001):** Drug courts serve persons arrested for, charged with, or convicted of offenses involving the use or possession of alcohol or controlled substances, or offenses in which substance use significantly contributed to the commission of the offense. Offenses involving firearms, dangerous weapons, or violence against persons are generally excluded. **Program Components:** Texas drug courts integrate substance abuse treatment with judicial supervision, requiring participants to undergo regular drug testing (typically weekly), attend counseling and treatment sessions, appear before the drug court judge regularly, and comply with individualized treatment plans. **Types of Drug Courts:** Texas operates several types of specialty courts under the drug court umbrella, including adult drug courts, juvenile drug courts, DWI courts, reentry drug courts for individuals transitioning from incarceration (Gov. Code § 123.001(a)(3)), and family dependency drug treatment courts for cases involving parental substance abuse (Gov. Code § 123.001(a)(4)). **Fees:** Programs may charge participants a reasonable reimbursement fee not exceeding $1,000 plus costs for testing, counseling, and treatment, payable on a periodic or deferred basis based on ability to pay (Gov. Code § 123.004). **Scope:** As of 2025, Texas operates over 180 specialty courts across the state, including drug courts in most major metropolitan counties (Harris, Dallas, Bexar, Travis, Tarrant, and others).

Texas does not use a traditional 'mandatory minimum' sentencing framework like the federal system. Instead, Texas Penal Code Chapter 12 establishes fixed sentencing ranges for each offense classification, and judges must sentence within those ranges. **State Jail Felony (Penal Code § 12.35):** 180 days to 2 years in a state jail facility, fine up to $10,000. The 180-day minimum is effectively a mandatory minimum for state jail felonies. However, under Penal Code § 12.44, a judge may in some cases punish a state jail felony as a Class A misdemeanor. **Third-Degree Felony (Penal Code § 12.34):** 2 to 10 years in prison, fine up to $10,000. **Second-Degree Felony (Penal Code § 12.33):** 2 to 20 years in prison, fine up to $10,000. **First-Degree Felony (Penal Code § 12.32):** 5 to 99 years or life in prison, fine up to $10,000. **Enhanced Penalties:** Certain drug offenses carry specific enhanced sentencing floors. For example, possession of 400+ grams of a Penalty Group 1 substance carries a minimum of 10 years (HSC § 481.115(f)). Manufacturing or delivery of 400+ grams of a PG1 substance carries a minimum of 15 years (HSC § 481.112(f)). Delivery of 400+ grams of fentanyl carries a minimum of 20 years (HSC § 481.1123). **DWI Minimums:** First-offense DWI carries a 72-hour minimum jail sentence (Penal Code § 49.04(b)). Second-offense DWI carries a 30-day minimum (Penal Code § 49.09(a)). **Repeat Offender Enhancements:** Under Penal Code § 12.42, a person convicted of a felony who has previously been convicted of a felony faces enhanced punishment ranges, potentially including 25 years to life for habitual offenders.

Texas offers several treatment-based alternatives to incarceration for drug offenders: **Drug Court Programs (Gov. Code Chapter 123):** Judicially supervised treatment programs that integrate substance abuse treatment with court oversight. Available in most major Texas counties. Participants who successfully complete the program may have charges dismissed or reduced. **Deferred Adjudication Community Supervision (Code of Criminal Procedure Art. 42A.102):** Judges may place eligible defendants on community supervision without entering a finding of guilt. Upon successful completion, the case may be dismissed. Available for many drug possession offenses, particularly first-time offenders. **State Jail Felony Diversion:** Under Penal Code § 12.44(a), a court may punish a state jail felony defendant as if the offense were a Class A misdemeanor, allowing community supervision rather than incarceration. **Community Supervision with Treatment Conditions (Code of Criminal Procedure Art. 42A.401):** Courts may impose substance abuse treatment, random drug testing, community service, and counseling as conditions of probation. **Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI):** Coordinates continuity of care for offenders with substance use disorders transitioning from the criminal justice system to community-based treatment. **Substance Abuse Felony Punishment Facilities (SAFPF):** Operated by the Texas Department of Criminal Justice, these facilities provide intensive residential treatment for up to 12 months as a condition of community supervision for felony drug offenders. **First Offender Programs:** Many Texas counties offer pretrial diversion or first-offender programs for low-level drug possession charges, often involving completion of drug education classes and community service in exchange for case dismissal.

**2023 (88th Legislature):** - HB 6 created Penalty Group 1-B specifically for fentanyl (HSC § 481.1022) and established the 'fentanyl murder' provision under Penal Code § 19.02, allowing murder charges when fentanyl delivery results in death without requiring proof of intent to kill. Signed by Governor Abbott on June 14, 2023. - HB 6 also established enhanced manufacturing and delivery penalties for fentanyl under HSC § 481.1123, with significantly higher minimum sentences and fines than standard Penalty Group 1 substances. - SB 1106 expanded Good Samaritan protections and strengthened naloxone access provisions. **2025 (89th Legislature):** - HB 46 significantly expanded the Compassionate Use Program (HSC Chapter 487), effective September 1, 2025. Key changes include: raising the THC cap from 0.5% to 1%; adding chronic pain, traumatic brain injury, Crohn's disease, terminal diseases, and hospice care as qualifying conditions; authorizing new delivery methods including lotions, transdermal patches, suppositories, and approved inhalation devices; and increasing the number of authorized dispensary licenses from 3 to 15. - The Department of Public Safety began issuing 9 new dispensary licenses by December 2025, with 3 additional licenses by April 2026. **Ongoing Developments:** - Multiple bills proposing recreational marijuana legalization have been filed in the Texas Legislature but none have advanced to a floor vote as of 2026. - Several Texas cities, including Austin, have adopted local policies reducing enforcement of low-level marijuana possession, though these do not change state law.