Drug Law: Drug Crimes and Drug Possession Laws

Texas law prohibits the possession, manufacture and delivery of a long list of substances unless you do so under particular and very specific circumstances. Texas law has two broad categories of drugs, marijuana (note that Texas statutes spell marijuana with an “h”–marihuana) and “controlled substances.” Controlled substances are further categorized into various “penalty groups” along with a few other miscellaneous groupings.

Each Penalty Group has its own Possession of a Controlled Substance criminal statute for possession and manufacture/delivery and punishment ranges that vary based on the quantity of drug. Marijuana has its own set of possession and delivery statutes and punishment ranges as well. Drug Possession offenses are found in the Texas Health and Safety Code (THSC). We have a dedicated Drug Possession page that covers Drug Possession charges in more detail and a Possession of a Controlled Substance page dealing with the Possession of a Controlled Substance charges in particular.

What are the drug crimes in Texas?

All of the Texas state drug crimes are below:

General Drug Crimes

• PC 20.07 – Operation of Stash House *effective September 1, 2019

Manufacture & Delivery of Controlled Substance Offenses

Each of the below “Manufacture or Delivery” offenses are worded as follows:

Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group [X]

• HSC 481.112 – Manufacture or Delivery of Substance in Penalty Group 1
• HSC 481.1121 – Manufacture or Delivery of Substance in Penalty Group 1-A
• HSC 481.1122 – Manufacture or Delivery of Substance in Penalty Group 1: Presence of Child
• HSC 481.113 – Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
• HSC 481.114 – Manufacture or Delivery of Substance in Penalty Group 3 or 4

Possession of Controlled Substance Offenses

Each of the below Possession of a Controlled Substance offenses are worded as follows:*

Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group [X], unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of practice.

• HSC 481.115 – Possession of Penalty Group 1 Substances
• HSC 481.1151 – Possession of Penalty Group 1-A Substances
• HSC 481.116 – Possession of Penalty Group 2 Substances
• HSC 481.1161 – Possession of Penalty Group 2-A Substances
• HSC 481.117 – Possession of Penalty Group 3 Substances
• HSC 481.118 – Possession of Penalty Group 4 Substances

Other Possession, Manufacture & Delivery Offenses

The statutes below don’t follow the exact same statutory wording as those above, but they are nonetheless substantially similar.

• HSC 481.119 – Manufacture, Delivery, or Possession of Miscellaneous Substances
• HSC 481.120 – Delivery of Marihuana
• HSC 481.121 – Possession of Marihuana (Marijuana)
• HSC 481.122 – Delivery of Controlled Substance or Marihuana to Child
• HSC 481.124 – Possession or Transport of Certain Chemicals with Intent to Manufacture Controlled Substance
• HSC 481.1245 – Possession or Transport of Anhydrous Ammonia; Use Of Or Tampering With Equipment
• HSC 481.125 – Possession or Delivery of Drug Paraphernalia

*HSC 481.1151, Possession of a Penalty Group 1-A substance, does not have the prescription exception that is part of all the other possession statutes.

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