Penalties for Unlawful Possession or Distribution of Controlled Substances
Note: Controlled substances classified under the Controlled Substances Act are divided into five schedules that are reviewed annually and subject to change. See more at Title 21 Code of Federal Regulations (C.F.R.) §§ 1308.11 through 1308.15 (Schedules of controlled substances). Penalties also are subject to change.
Federal Penalties
| OFFENSE | MINIMUM PUNISHMENT | MAXIMUM PUNISHMENT |
|---|---|---|
| Manufacture, distribution, or dispensing drugs (including marijuana) | Imprisonment up to 5 years and a minimum fine of $250,000 | Life imprisonment without release (no eligibility for parole) and a fine not to exceed $10 million (for an individual) or $50 million if other than an individual) or both |
| Possession of drugs (including marijuana) | Imprisonment up to 1 year and a minimum fine of $1,000 or both | Imprisonment up to 20 years and a maximum fine of $25,000 plus costs of investigation and prosecution |
Additionally, federal penalties and sanctions for illegal possession of a controlled substance can include:
- Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year of imprisonment.
- Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance.
- Civil fine of up to $10,000.
- Denial of federal benefits such as student loans, grants, contracts, and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.
- Ineligible to receive or purchase a firearm.
- Revocation of certain Federal licenses and benefits, e.g., pilot’s licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.
State Penalties
The following is a list of the core legal sanctions imposed by the State of Texas. This list is not intended to be a complete list of offenses and penalties. Instead, it summarizes the severe penalties that flow from drug and alcohol abuse.
| OFFENSE | MINIMUM PUNISHMENT | MAXIMUM PUNISHMENT |
|---|---|---|
| Manufacture or delivery of controlled substances (drugs) | Imprisonment in the Texas Department of Corrections (TDC) for a term of not more than 10 years or less than 2 years, or confinement in a community correctional facility for not more than 1 year, and a fine not to exceed $10,000 | Imprisonment in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $100,000 |
| Possession of controlled substances (drugs) | Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000 | Imprisonment in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 |
| Delivery of Marijuana | Confinement in jail for a term of not more than 180 days, and a fine not to exceed $2,000, or both | Imprisonment in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 |
| Possession of Marijuana | Confinement in jail for a term not to exceed 180 days, and a fine not to exceed $2,000, or both | Imprisonment in TDC for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000 |
| Driving Under the Influence of Alcohol | FIRST OFFENSE: Maximum fine of $500; 20 to 40 hours community service related to education about or prevention of misuse of alcohol; 60- or 120-day suspension of driver’s license. SECOND OFFENSE: Maximum fine of $500. 40 to 60 hours of community service related to education about or prevention of misuse of alcohol; 120- or 240-day suspension of driver’s license. | THIRD OFFENSE: Fine not less than $500 or more than $2,000; confinement in jail for term not to exceed 180 days, or both the fine and the confinement; 180-day or 1-year suspension of driver’s license.An offense under this section is not a lesser included offense under Section 49.04, Penal Code. (DWI). An offense under this section is not a lesser included offense under Section 49.04, Penal Code. (DWI). |
| Public Intoxication | A fine not to exceed $500 | |
| Purchase of alcohol by a minor | Fine of not less than $250 nor more than $2,000 | Varies with age and number of offenses |
| Consumption of alcohol by a minor | Fine of not less than $250 nor more than $2,000 | Varies with number of offenses |
| Possession of alcohol by a minor | FIRST OFFENSE: Maximum fine of $500; 8 to 12 hours of community service; 30-day suspension of driver’s license. SECOND OFFENSE: Maximum fine of $500; 40 to 60 hours of community service; 60-day suspension of driver’s license. | THIRD OFFENSE: Fine not less than $250 or more than $2,000; confinement in jail for term not to exceed 180 days or both fine and confinement; 180-day suspension or driver’s license. |
| Furnishing alcohol to a minor | Fine not to exceed $2,000; confinement in jail for term not to exceed 180 days; or both such fine and confinement. |
See more at Texas Alcoholic Beverage Commission Standard Penalty Chart or Texas Constitution and Statutes.
Local Penalties
The City of Austin adheres to state and federal laws regulating the possession and use of controlled substances and alcohol. The City of Austin Code of Ordinances includes various ordinances addressing violations and penalties regarding prohibited activities such as drugs, chemicals, and other controlled substances, including but not limited to:
- A person commits an offense if the person knowingly requests, commands, or induces another person to donate, sell, transfer, or deliver a prohibited drug to the person making the request or to or another person. (City of Austin, Code of Ordinances Chapter 9 Article 2. 9-5-11)
- A person commits an offense if the person loiters in a public place in a manner and under circumstances manifesting the purpose of selling a controlled substance, dangerous drug, simulated controlled substance, or volatile chemical in violation of the state law. (City of Austin, Code of Ordinances Chapter 9 Article 5. 9-5-6).
