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Possession of Controlled Substances

The Texas Health & Safety Code deals with the multiple different categories of controlled substances and the corresponding penalties for possession. Possession of controlled substances will range from Class A misdemeanors to First-degree felonies.

The reason why there is such a wide range of penalties is because there are different levels of crimes based on the possession amount, as well as the drug you are in possession of. Click here to see the possession of controlled substances chart. This chart lays out the 4 penalty groups (as defined by the Health & Safety Code) and their corresponding punishment ranges based on the amount in possession.

The law for merely possessing a controlled substance is vastly different compared to being charged with manufacturing, delivery, or intent to deliver controlled substance. If you look at this chart, you can also see ranges of punishment for the amounts

Possession of Controlled Substances Chart

 

OFFENSE

AMOUNT

PUNISHMENT RANGE

Penalty Group 1

H&SC § 481.115

400 grams or more
200 – 400 grams
4 – 200 grams
1 – 4 grams
Less than 1 gram
10-99 years & $100,000 max fine
1st degree felony
2nd degree felony
3rd degree felony
State jail felony

Penalty Group 1-A

H&SC § 481.1151

8,000 units or more
4,000-7,999 units
80-3,999 units
20-79 units
Less than 20 units
15-99 years & $250,000 max fine
1st degree felony
2nd degree felony
3rd degree felony
State jail felony

Penalty Group 2

H&SC § 481.116

400 grams or more
4 – 400 grams
1 – 4 grams
Less than 1 gram
5-99 years & $50,000 max fine
2nd degree felony
3rd degree felony
State jail felony

Penalty Group 2-A

H&SC § 481.1161

More than 2,000 lbs.
50 – 2,000 lbs.
5 – 50 lbs.
4 oz. – 5 lbs.
2 oz. – 4 oz.
Less than 2 oz.
5-99 years & $50,000 max fine
2nd degree felony
3rd degree felony
State jail felony
Class A misdemeanor
Class B misdemeanor

Penalty Group 3

H&SC § 481.117

400 grams or more
200 – 400 grams
28 – 200 grams
Less than 28 grams
5-99 years & $50,000 max fine
2nd degree felony
3rd degree felony
Class A misdemeanor

Penalty Group 4

H&SC § 481.118

400 grams or more
200 – 400 grams
28 – 200 grams
Less than 28 grams
5-99 years & $50,000 max fine
2nd degree felony
3rd degree felony
Class B misdemeanor

Penalty Groups

The Texas Health & Safety Code categorizes different drugs into what are called, “penalty groups.” Each penalty group consists of a group of drugs similar in compound and chemical make-up to one another.

Common penalty group 1 drugs include, but are not limited to:

  • Cocaine
  • Heroin
  • Meth
  • Codeine
  • Oxycodone
  • Hydrocodone

Common penalty group 1-A drugs include:

  • LSD

Common penalty group 2 drugs include, but are not limited to:

  • MDMA (Ecstasy)
  • PCP

Common penalty group 3 drugs include, but are not limited to:

  • Clonazepam
  • Lorazepam
  • Alprazolam (Xanax)
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