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Drug Sales or Intent to Deliver Drugs Arrest & Punishments in Austin Texas

Punishments for Intent to Deliver Drugs, (common known as Drug Sales, Sale of Controlled Subtances or Illegal Narcotics), varies depending on the actual drug and the amount in weight that was intended to be delivered or sold. In Texas, Illegal Drugs are seperated into Groups, depending on the Texas Lawmakers determination on the dangers of each drug. The lists below contain only the most popular types of drugs in terms of arrest of austin criminal drug cases. For a full list of Texas Statutes, see our Legal Research page.

To see the same information for Drug Possession rather than Intent to Delivery Drugs or Controlled Substances, click here.

For legal help with criminal arrests & case specific questions, please go to our website.

Group 1:
Cocaine, Heroin, Methamphetamine, Opium, Oxycodone and some Prescription Pills
Weight of Drug
Type of Offense
Punishment
Less than one gram
State jail felony
180 days to 2 years
in a state jail 
1 gram or more, less than 4 grams
Second-degree felony
2 to 20 years
in a state prison 
4 grams or more, but less than 200 grams
First-degree felony
5 to 99 years
in a state prison
200 grams or more, but less than 400 grams
Enhanced First-degree felony
10 to 99 years
in a state prison
400 grams or more
Enhanced first-degree felony
15 to 99 years
in a state prison

 

Group 1A:
LSD
Weight of Drug
Type of Offense
Punishment
Fewer than 20 units
State jail felony
180 days to 2 years
in a state jail 
20 or more units, but less than 80 units
Second-degree felony
2 to 20 years
in a state prison 
80 units or more, but less than 4,000 units
First-degree felony
5 to 99 years
in a state prison
4,000 units or more, but less than 8,000 u
Enhanced First-degree felony
15 to 99 years
in a state prison

 

Group 2:
Ecstasy Pills & PCP
Weight of Drug
Type of Offense
Punishment
Less than one gram
State jail felony
180 days to 2 years
in a state jail 
1 gram or more, less than 4 grams
Second-degree felony
2 to 20 years
in a state prison 
4 grams or more, but less than 400 grams
First-degree felony
5 to 99 years
in a state prison
400 grams or more
Enhanced First-degree felony
10 to 99 years
in a state prison

 

Group 3 & 4:
Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds
Weight of Drug
Type of Offense
Punishment
Less than 28 grams
Class A misdemeanor
Not more than 1 year
in a county jail
28 grams or more, but less than 200 grams
Second-degree felony
2 to 20 years
in a state prison 
200 grams or more, but less than 400 grams
First-degree felony
5 to 99 years
in a state prison
400 grams or more
Enhanced First-degree felony
10 to 99 years
in a state prison

 

Sale of Marijuana & Intent to Deliver Marijuana
Weight of Drug
Type of Offense
Punishment

¼ ounce or less, given, not for payment

Class B misdemeanor
Not more than 180 days
in a county jail
¼ ounce or less, for payment
Class A misdemeanor
Not more than 1 year
in a county jail 
More than ¼ ounces, but less than 5 pounds
State jail felony
180 days to 2 years
in a state jail
More than 5 pounds, but less than 50 pounds
Second-degree felony
2 to 10 years
in a state prison
More than 50 pounds, but less than 2,000
First-degree felony
2 to 99 years
in a state prison
More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years
in a state prison

Additional Resources

Austin Criminal Defense Lawyer

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