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Family and Criminal Law Blog

Monday, November 21, 2022

What Drug Crimes are Felonies in Texas?

Drug crimes are a serious business. Texas has cracked down on drugs and prosecutors will show little mercy to those facing drug charges. Not all drug charges will be considered felonies, but many are. Felonies are more serious offenses than those at the misdemeanor level. They come with harsher penalties and can cause problems well beyond the period of incarceration you may be ordered to serve or the fines you may be ordered to pay. Let’s take a look at felony drug crimes in Texas.

What Drug Crimes are Felonies in Texas?

Whether you will be charged with a felony drug crime will largely depend on how much of the drug is found in your possession as well as the type of drug found in your possession. In particular, the type of drug involved will have a great bearing on whether or not you are going to face a felony charge. The drugs that will lead to felony charges as opposed to misdemeanor charges are set forth in the Texas Health and Safety Code. The Code prescribes that either the manufacturing or delivering of any drug in Schedule 1 of the Controlled Substances Act will result in a felony drug charge. Substances included in Schedule 1 include:

  • Cocaine
  • Opiates
  • Morphine
  • Heroin
  • Rohypnol
  • Methamphetamine
  • PCP
  • GHB
  • Ketamine
  • LSD
  • DMT
  • THC
  • MDMA
  • BZP

It is also important to be cognizant of the fact that things can get even worse for you as far as severity of the crime and sentencing go if there are exacerbating circumstances surrounding the perpetration of the criminal act. Enhanced charges when it comes to drug crimes can be the result of the presence or involvement of a minor. For instance, if a minor is present during the process of manufacturing a controlled substance or if the controlled substance is delivered to a minor, then there will likely be enhanced charges as a result.

The penalties for a felony drug crime conviction are severe, but do run a range depending on the severity of the felony. A state jail felony is the least serious of the felony crimes. When facing a state jail felony charge, you may be sentenced from 180 to 2 years of incarceration in a state jail facility as well as paying a fine of up to $10,000. For a third degree felony charge, you may be sentenced from 2 to 10 years of incarceration in prison and a fine of up to $10,000. A second degree felony charge means you are facing between 2 and 20 years of incarceration in a prison and a fine of up to $10,000. For the most serious felonies, first degree felonies, those charged will face from 5 to 99 years of incarceration in a prison and a fine of up to $10,000.

Felonies also come with other consequences, such as the loss of certain civil liberties for a period of time or indefinitely. For instance, you can lose your right to vote if convicted of a felony. This is not to mention the impact it can have on your standing in the community and your ability to pursue your desired career. A felony conviction can also jeopardize your ability to secure housing or pursue your education.

Criminal Defense Attorneys

The fact of the matter is that facing a felony drug charge is a serious matter with potentially devastating consequences. Trust the dedicated criminal defense attorneys at Navarrete & Schwartz to fight for you. We are proud to serve the residence of Midland, Texas. Contact us today.


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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