Texas has strict drug laws and drug charges can carry lengthy times in jail or prison and hefty fines. The Texas Penal Code makes a distinction between marijuana and controlled substances, with fines and penalties being different between the two. However, what constitutes a crime is the same—possession (with or without the intent to deliver), delivery of a controlled substance (colloquially known as distribution of a controlled substance), manufacturing of a controlled substance, and possession of drug paraphernalia are all considered drug offenses.
The Texas Schedules of Controlled Substances labels a large number of substances as Controlled Substances. This includes not only many of the well-known illegal drugs such as heroin, cocaine, and methamphetamine, but also prescription drugs, such as Oxycodone, Hydrocodone, Valium, Xanax, and Ritalin. Possession or delivery of a prescription drug without a prescription can lead to criminal prosecution similar to other controlled substances. Texas law also has a concept called “controlled substance analogue,” which makes substances which are not scheduled but designed to have a similar effect to scheduled substances, such as synthetic cannabis, also illegal.
Drug crimes are regulated under the Texas Health and Safety Code chapter 481 rather than the Texas Penal Code.
Possession: to be guilty of possession, the State must prove that you knowingly or intentionally possessed a controlled substance. Depending on the substance and amount, possession can be anything from a class B misdemeanor to a State Jail felony.
Manufacture, delivery, and possession with intent to deliver a controlled substance are treated the same, penalty-wise. A person is guilty if that person knowingly manufactures, delivers, or possesses with intent to deliver, a controlled substance.
Paraphernalia — This can include items to manufacture, sell,store, or use marijuana or other controlled substances are all illegal. Use,possession with intent to use, delivery, possession with intent to deliver, or manufacture with intent to deliver paraphernalia are all crime.
Even though drug crimes are classified as either misdemeanors or felonies in the same way as other crimes, the fines can be substantially higher.
Any penalties for any offenses related marijuana or controlled substance can also be increased under certain circumstances, for example when a child is involved.