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Texas Heroin Laws

Texas Heroin Laws: A Brief Overview

The great state of Texas takes a relatively strict stance on hard drugs, including heroin and other powerful narcotics. Possession of even a small amount of heroin -- less than one gram -- is charged as a felony and may result in jail time, while possession with intent to sell can get you a life sentence. Some, but not all, court districts in Texas offer drug diversion programs for first-time offenders in lieu of prison.

Texas lawmakers passed legislation to create a drug court program in 2001, mandating the programs in certain counties (including Dallas and El Paso). Texas drug courts offer an alternative to incarceration for non-violent, low-level drug offenders who are determined to be good candidates. The main goal of the program is to reduce recidivism by helping drug offenders get treatment and better their lives.

Drug offenders charged with non-violent offenses (such as heroin possession) are assessed by the court. If approved, participants undergo extensive monitoring (frequent drug testing, visits by officials, treatment sessions, etc.) throughout the 12-18 month program. The case is either dropped (if a pretrial program), pending completion of the program, or the offender is placed on probation.

Texas Heroin Laws at a Glance

Refer to the table below to learn more about Texas heroin laws, or see Details on State Heroin Laws for more general information.

Code Section Health & Safety §481.001, et seq.
  • Less than 1 g.: state jail felony;;
  • 1-4 g.: 3rd degree felony;
  • 4-200 g.: 2nd degree felony
  • 200-400 g.: 1st degree felony;
  • 400 g. and over: 10-99 yrs. or life in Texas Department of Criminal Justice institution and/or $100,000
  • Less than 1 g.: state jail felony;&
  • 1-4 g.: 2nd degree felony;
  • 4-200 g.: 1st degree felony;
  • 200-400 g.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100,000; 400 g. and over: Texas Dept. of Criminal Justice institution for life or 15-99 yrs. and/or $250,000;
  • Delivery to minor under 17 who is enrolled in school: 2nd degree felony; Within drug-free zone: stricter penalties
Trafficking -

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Texas Heroin Laws: Related Resources

Charged With a Drug Crime in Texas? You May Want Legal Counsel

If you've been charged with a drug possession crime in Texas, you'll want to understand the penalties associated with that charge and also what defenses may be available to you. An attorney will be able to navigate the system and mount the best possible defense on your behalf. Contact a Texas drug crimes attorney today.

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