Texas Controlled Substances Act: What You Should Know

A Beginner’s Guide to Key Drug-Related Laws in Texas

If you’ve heard the phrase “Controlled Substances Act” and felt overwhelmed by legal jargon—you’re not alone. Texas drug laws are strict, complicated, and packed with penalties that can turn a small mistake into a life-changing conviction. But understanding the Texas Controlled Substances Act doesn’t have to be intimidating.

In this post, you’ll get a plain-language guide to what the Act covers, how drugs are classified, and what happens when you’re accused of violating it. Whether you’re a concerned parent, a first-time offender, or just want to know your rights, this is your crash course.

💡 For every post in this series, scroll down to “Related Posts.”

What Is the Texas Controlled Substances Act?

The Texas Controlled Substances Act is the state’s main legal framework for regulating drug crimes. It’s found in Chapter 481 of the Texas Health and Safety Code and governs everything from marijuana possession to fentanyl trafficking.

The law outlines:

• What substances are illegal (and how they’re classified)
• How much of a drug triggers certain charges
• The difference between personal use and drug dealing
• The penalties for various offenses
• Enhanced punishments (like drug-free zones or repeat offenses)

This law is the backbone of nearly every drug-related charge in Texas, including:

• Possession
• Manufacturing
• Distribution
• Trafficking
• Prescription drug fraud
• Drug paraphernalia possession

To see how these charges play out in real life, check out our breakdown of Types of Drug Charges in Texas.

Why Is It Called “Controlled Substances”?

“Controlled substances” are drugs or chemicals that the state restricts due to their potential for abuse, addiction, or harm. Some drugs—like meth or heroin—are illegal under all circumstances. Others—like Adderall or Xanax—are legal if prescribed by a doctor, but illegal if possessed without one.

Texas organizes these drugs into Penalty Groups, which determine how serious the charges are.

The Texas Drug Penalty Groups (Simplified)

Penalty Group 1

Includes: Cocaine, heroin, methamphetamine

Why it matters: These are the most heavily penalized drugs due to high abuse potential

Penalties: Start as state jail felonies (under 1 gram) and go up to life in prison for large quantities

Penalty Group 1-B

Includes: Fentanyl and fentanyl analogs

Why it matters: Added to reflect fentanyl’s deadly potency

Penalties: Escalate quickly—even tiny amounts can trigger first-degree felony charges

Penalty Group 1-A

Includes: LSD and similar hallucinogens

Measured by: Units (e.g., tabs or doses), not weight

Penalties: Range from state jail felony to enhanced first-degree felony depending on quantity

Penalty Group 2

Includes: Ecstasy (MDMA), PCP, synthetic cannabinoids, mescaline

Penalties: Start at state jail felony for under 1 gram and escalate with weight

Penalty Group 3

Includes: Xanax, Valium, Ritalin, anabolic steroids

Why it matters: Often involved in prescription drug fraud cases

Penalties: Misdemeanor for small amounts, felony for larger quantities

Penalty Group 4

Includes: Certain codeine-based syrups, narcotic mixtures

Penalties: Similar to Penalty Group 3

Marijuana

Although it’s not in a penalty group, marijuana has its own classification. Despite national trends, recreational marijuana is still illegal in Texas.

• < 2 oz: Class B misdemeanor
• 2–4 oz: Class A misdemeanor
• 4 oz–5 lbs: State jail felony
• Over 5 lbs: Felony with prison time

For a full walkthrough of drug weights and legal thresholds, read Drug Possession Charges Explained.

Key Crimes Under the Texas Controlled Substances Act

Here are the most common ways people run afoul of this law:

1. Possession

Simply having a controlled substance without a valid prescription.

Common mistake: “It’s not mine” doesn’t work if it’s in your car or bag and you’re considered to have constructive possession.

2. Possession with Intent to Distribute

Charged when law enforcement believes you planned to sell, share, or trade the drugs.

See: Possession with Intent to Distribute in Texas

3. Manufacturing

Cooking, mixing, growing, or producing drugs—even with household materials.

See: Drug Manufacturing Charges in Houston

4. Trafficking

Transporting, importing, or distributing large amounts.

Often filed with federal charges.

See: Drug Trafficking and Distribution Charges

5. Prescription Drug Fraud

Forging a prescription, stealing meds, or doctor shopping.

See: Prescription Drug Fraud in Texas

6. Paraphernalia

Owning items used to consume, prepare, or sell drugs (pipes, scales, etc.)

See: Possession of Drug Paraphernalia

7. Conspiracy

Planning or assisting in a drug offense—even if you never touched the drugs

See: Conspiracy Charges in Drug Crime Cases

Where You Are Matters: Drug-Free Zones

If your drug offense occurs in a school zone, near a park, or within 1,000 feet of certain public places, your charges may be enhanced under drug-free zone laws.

This means:

• Higher minimum sentences
• Longer probation periods
• Less eligibility for parole

Even minor possession can become a serious felony just because of your location.

See: Drug-Free Zone Enhancements in Texas

How Juveniles Are Treated Under This Law

If you’re under 17 and charged with a drug offense, your case will likely go through juvenile court. But that doesn’t mean you’re off the hook.

• Serious charges can lead to juvenile detention
• In some cases, the state may try to charge you as an adult
• Juvenile drug records can impact school, college, and job opportunities

See: Juvenile Drug Charges in Texas

Drug Charges from Traffic Stops

A huge number of drug arrests happen during routine traffic stops—for speeding, expired tags, or minor violations. If officers see, smell, or suspect drugs, they may search your vehicle.

Important:

• You don’t have to consent to a search
• Ask if you’re free to leave
• Don’t admit to anything—call a lawyer

See: Driving with Drugs in Your Car: What You Need to Know

Penalties: What You’re Really Facing

Here’s a rough idea of how serious things can get under the Texas Controlled Substances Act:

These penalties increase for repeat offenders or when weapons, minors, or violence are involved.

Call to Action

Texas doesn’t play when it comes to drug crimes—and the Texas Controlled Substances Act gives prosecutors and police broad powers. But you have rights. And the best way to protect them is to work with a criminal defense attorney who is a criminal law expert.