TEXAS STATE PENAL CODES
(SUBSTANCE CHARGES)
This section governs offenses related to the possession, distribution, manufacturing, or trafficking of controlled substances. It includes laws addressing illegal drugs, prescription misuse, and paraphernalia violations, aiming to combat drug abuse, protect public health, and reduce substance-related crime within the State of Texas.
All recreational controlled substances are illegal within the State of Texas.
Possession, sale, manufacture, or transport of any controlled or banned substance is prohibited.
A controlled substance includes any drug or chemical regulated under the State of Texas Controlled Substance Schedules, including analogs and derivatives.
Medical or scientific use is permitted only under state-issued authorization or prescription.
Possession of any Schedule I substance, classified as having a high potential for abuse and no accepted medical use under Texas State law.
Includes possession of any amount of the following without a valid prescription or medical authorization:
Opiates / Opioids – Heroin, opium derivatives, codeine compounds, morphine compounds.
Hallucinogenic Substances – MDMA, mescaline, DMT, peyote, LSD, psilocybin, synthetic THC, marijuana.
Depressants – GHB, quaaludes, rohypnol.
Stimulants – Fenethylline, BZP, and related compounds.
All Schedule I substances are subject to felony prosecution regardless of quantity.
Possession of any Schedule II substance, classified as having a high potential for abuse, with abuse potentially leading to severe psychological or physical dependence.
Includes possession of any amount of the following without a valid prescription or authorization:
Opiates – Opium, opium poppies, poppy straw, or poppy straw concentrate.
Synthetic Opiates – Methadone, dihydrocodeine.
Stimulants – Ritalin, Vyvanse, amphetamine, methamphetamine (meth).
Depressants – Amobarbital, glutethimide.
Cannabinoid Derivatives – Nabilone.
Precursors – Any chemical compound used in the manufacture of amphetamine, methamphetamine, PCP, or fentanyl.
All Schedule II substances are felony-level offenses under Texas State law.
Possession of any Schedule III substance, classified as having a moderate to low potential for physical or psychological dependence compared to substances in Schedules I and II.
Includes possession of any amount of the following without a valid prescription or authorization:
Stimulants – Appetite suppressants and similar compounds.
Depressants – Barbiturates, sedatives, anesthetics, ketamine, and GHB.
Narcotic Antagonists – Nalorphine.
Anabolic Steroids and Hormones – Testosterone, nandrolone, and other performance-enhancing compounds.
Hallucinogenic Substances – Dronabinol and similar synthetic cannabinoids.
All Schedule III substances are misdemeanor-level offenses under Texas State law.
Possession of any Schedule IV substance, classified as having a low potential for abuse and limited risk of dependence compared to Schedule III substances.
Includes possession of any amount of the following without a valid prescription or authorization:
Depressants – Klonopin, Ativan, and flunitrazepam.
Appetite Suppressants – Fenfluramine and similar agents.
Pain Relievers – Pentazocine, butorphanol, and related compounds.
All Schedule IV substances are misdemeanor-level offenses under Liberty State law.
Possession of any Schedule V substance, including marijuana, THC, or equivalent compounds classified as having the lowest potential for abuse under state law.
Applies to individuals found in possession of marijuana, THC, or related substances not contained within a properly labeled dispensary container.
Dispensary containers must retain all original labeling and proof of legal purchase to be considered compliant with Texas State law.
Possession of an open or unsealed alcoholic beverage in a public place or inside a motor vehicle.
Penalty: Fine(s) between $25 and $500
A person commits an offense if they knowingly provide, sell, deliver, or otherwise make alcoholic beverages available to an individual under 21 years of age, except as permitted under law (e.g., a parent or guardian supplying alcohol to their own child in a non-public place).
THIS LAW IS NOT VIOLATED IF ALCOHOL IS PROVIDED TO AN INDIVIDUAL UNDER 21 IF FOR RELIGIOUS REASONS OR OTHER REASONS SPECIFIED
Penalty:
Supplying alcohol to a minor is a (Class C Misdemeanor)
Fine(s) between $250 and $550
Selling, delivering, or attempting to sell any controlled or illegal substance to another individual.
Possession of the final drug product near or at the point of sale.
Exchange of money, goods, or services in return for the substance.
Phone call, message, or other communication evidence of a planned sale may be used as proof of distribution intent.
The unlawful creation, production, or synthesis of any controlled or illegal substance.
Includes the operation, maintenance, or participation in a facility or process used to produce such substances.
Possession of equipment or chemicals used in the manufacturing process may be used as evidence of intent.
The unlawful growing or production of any plant or material used to create a controlled or illegal substance.
Includes the cultivation of marijuana, poppy flowers, or other plants used to produce narcotics.
Possession of more than two marijuana plants or any similar illegal crop constitutes this offense.
Possession of items commonly used in the consumption, packaging, or production of illegal drugs.
Includes baggies, scales, pipes, bongs, needles, syringes, or similar items related to drug use.
Also includes possession of two or more common drug-making ingredients in large quantities.
Possession and transportation of large quantities of illegal substances or related paraphernalia packaged for sale or distribution. Includes movement of drugs
