Texas Penalty Group 2
Texas Penalty Group 2
Penalty Group 2 includes:
- THC (tetrahydrocannabinols), including wax, dabs, shatter, hash oil, THC vape cartridges, and edibles made from concentrate. This is the most common Penalty Group 2 charge in Texas.
- Delta-8 THC, delta-10 THC, THCA, and THCP. These became controlled substances in Texas on July 31, 2026. Products sold legally in Texas stores before that date are now felony drugs.
- Ecstasy (MDMA)
- PCP
- Mescaline and peyote*
- Psilocybin (mushrooms)
- Amphetamine and methylphenidate (Adderall, Ritalin) when held without a valid prescription
- Dronabinol (Marinol).
- Salvia divinorum.
- Pentobarbital
- Hydrocodone (less than 300 grams).
*Registered members of the Native American Church are exempt from peyote penalties when it is used in religious ceremonies.
Why THC Is a Felony When Marijuana Is Often a Misdemeanor
Marijuana plant material is handled under its own statute and starts as a Class B misdemeanor. THC concentrate is not. It sits in Penalty Group 2, which means any amount is a felony. A single vape cartridge can carry more exposure than a bag of flower. If you are charged with possessing a THC product, you are facing felony charges regardless of how small the amount is.
Punishment for Possession of a Controlled Substance Penalty Group 2
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | Life, or 5 to 99 years in prison, and/or a fine of not more than $50,000. |
This page reflects Texas law as of September 9, 2026. Drug laws, particularly those involving hemp and THC products, have changed repeatedly and are subject to pending litigation. Contact us for current information about your specific situation.
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