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
Penalty Group 1
H&SC § 481.115
Penalty Group 1-A
H&SC § 481.1151
Penalty Group 2
H&SC § 481.116
Penalty Group 2-A
H&SC § 481.1161
Penalty Group 3
H&SC § 481.117
Penalty Group 4
H&SC § 481.118
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:
Common penalty group 1-A drugs include:
Common penalty group 2 drugs include, but are not limited to:
- MDMA (Ecstasy)
Common penalty group 3 drugs include, but are not limited to:
- Alprazolam (Xanax)
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