The following are the specific offenses that are punishable as state jail felonies in Texas. A state jail felony is punishable by confinement not less that 180 days, and not to exceed two years, and a fine not to exceed $10,000.00.
1) State Jail Felony Manufacture or Delivery of Substance in Penalty Group 1 (less than one gram)[Tex. Health & Safety Code § 481.112(a), (b)]
2) Manufacture or Delivery of Substance in Penalty Group 1-A (fewer than 20 abuse units) [Tex. Health & Safety Code § 481.1121(a), (b)(1)]
3) Manufacture or Delivery of Substance in Penalty Group 2 or 2-A (less than one gram) [Tex. Health & Safety Code § 481.113(a), (b)]
4) Manufacture or Delivery of Substance in Penalty Group 3 or 4 (less than 28 grams) [Tex. Health & Safety Code § 481.114(a), (b)]
5) Possession of Substance in Penalty Group 1 (less than one gram) [Tex. Health & Safety Code § 481.115(a), (b)]
6) Possession of Substance in Penalty Group 1-A (fewer than 20 abuse units) [Tex. Health & Safety Code § 481.1151(a), (b)(1)]
7) Possession of Substance in Penalty Group 2 (less than one gram) [Tex. Health & Safety Code § 481.116(a), (b)]
8) Possession of Substance in Penalty Group 2-A (5 pounds or less but more than 4 ounces) [Tex. Health & Safety Code § 481.1161(b)(3)]
9) Delivery of Marihuana (five pounds or less but more than one-fourth ounce) [Tex. Health & Safety Code § 481.120(a), (b)(3)]
10) Possession of Marihuana (five pounds or less but more than four ounces) [Tex. Health & Safety Code § 481.121(a), (b)(3)]
11) Classification Offense State Jail Felony Possession or Transport of Certain Chemicals with Intent to (cont.) Manufacture Controlled Substance (for substances listed in Penalty Group 3 or 4) [Tex. Health & Safety Code § 481.124(a), (d)(3)]
12) Possession or Delivery of Drug Paraphernalia (actor is 18 or older and person who receives or is intended to receive paraphernalia is younger than 18 and at least three years younger than actor) [Tex. Health & Safety Code § 481.125(c), (f)]
13) Unlawful Transfer or Receipt of Chemical Precursor (if not previously convicted under this section or § 481.137) [Tex. Health & Safety Code § 481.136]
14) Unlawful Transfer or Receipt of Chemical Laboratory Apparatus (if not previously convicted under this section) [Tex. Health & Safety Code § 481.138]
15) Unlawful Delivery or Manufacture with Intent to Deliver [Tex. Health & Safety Code § 482.002(a), (d)]
16) Delivery or Offer of Delivery of Dangerous Drug [Tex. Health & Safety Code § 483.042(a), (d)]
17) Manufacture of Dangerous Drug [Tex. Health & Safety Code § 483.043]
18) Delivery of Abusable Volatile Chemicals to a Minor [Tex. Health & Safety Code § 485.032(a), (d)]
This offense may be a Class A or B Misdemeanor, depending on whether the defendant had a sales permit, tax permit, or previous conviction.
For offenses under sections 481.115(b), 481.1151(b)(1) (unless actor has more than 5 abuse units), 481.116(b), 481.121(b)(3) (unless actor has more than one pound of marihuana), or 481.129(g)(1), the judge shall suspend the sentence and place defendant on community supervision; if defendant previously convicted of a felony, judge has the option of ordering community supervision or executing sentence.