The U.S government first introduced the regulation of controlled substances through the Controlled Substances Act (CSA) of 1970. Since then, there have been various amendments as attitudes towards certain drugs have changed over the years. The CSA states that the government directs the manufacturing, importing, possession, and distribution of controlled substances inside the United States. Texas works with the DEA as far as the kind of substances that need control, however, the state of Texas has its regulations and penalties for each controlled substance offense. If you find yourself in hot water with possession of controlled substances, you need to seek legal counsel as soon as possible as there can be severe consequences. At The Gonzalez Law Group, we are determined to fight for you and your rights if we take your case. We value communication and will never leave you in the dark. Contact us at (832) 530-4070 for a free consultation or fill out our blank for at the bottom for more information.
Overview of Possession of a Controlled Substance
- Possession of a Controlled Substance Offense
- Possession of a Controlled Substance Penalties
- Additional Resources
Possession of a Controlled Substance Offense
The classification of drugs has been implemented by the Drug Enforcement Administration (DEA) and is separated into different schedules (I-V); however, the state of Texas has its categorization of potentially harmful drugs categorized in the following penalty groups as mentioned by Texas Health and Safety Code § 481.102:
Penalty Group 1
Opiates; Opium; cocaine; heroin; Methamphetamine (meth); flunitrazepam (rohypnol); phenylacetone & methylamine; PCP; GHB; Ketamine
Penalty Group 1A
LSD
Penalty Group 2
Hallucinogenic substances including THC, MDMA, and BZP; Phenylacetone; depressant or stimulant chemical compounds; 2-aminopropanal compounds
Penalty Group 2A
Synthetic chemical compounds mirroring the effects of cannabinoids
Penalty Group 3
Compound stimulants; chemical compound depressants; Nalorphine; a limited amount of compound narcotics; other compound substances; peyote; dextropropoxyphene; anabolic steroids
Penalty Group 4
Limited amount of narcotic compound including those containing medicinal ingredients that are not narcotics; buprenorphine or butorphanol compounds; pyrovalerone compounds
Even though marijuana remains a Schedule I drug, its regulation has changed over time, and it’s not specified inside the penalty groups aside from cannabinoids. However, possession of marijuana has its own rules and offenses.
Possession of Controlled Substance Penalties
Each drug’s penalty is dependent on the penalty group and the amount of ownership.
Texas Health and Safety Code § 481.115 to § 481.118
| < 1 gram | 1 to 4 grams | 4 to 200 grams | 200 to 400 grams | >400 grams | |
| Penalty Group 1 | State Jail Felony | 3rd Degree Felony | 2nd Degree Felony | 1st Degree Felony | |
| 180 days to 2 years | 2 to 10 years | 2 to 20 years | Life; 5 to 99 years | Life; 10 to 99 years | |
| Up to $10,000
|
Up to $10,000
|
Up to $10,000
|
Up to $10,000
|
Up to $100,000
|
| <20 units | 20 to 80 units | 80 to 4,000 units | 4,000 to 8,000 units | >8,000 units | |
| Penalty Group 1A | State Jail Felony | 3rd Degree Felony | 2nd Degree Felony | 1st Degree Felony | |
| 180 days to 2 years | 2 to 10 years | 2 to 20 years | Life; 5 to 99 years | Life; 15 to 99 years | |
| Up to $10,000 | Up to $10,000 | Up to $10,000 | Up to $10,000 | Up to $250,000 |
| <1 gram | 1 to 4 grams | 4 to 400 grams | >400 grams | |
| Penalty Group 2 | State Jail Felony | 3rd Degree Felony | 2nd Degree Felony | |
| 180 days to 2 years | 2 to 10 years | 2 to 20 years | Life; 5-99 years | |
| Up to $10,000 | Up to $10,000 | Up to $10,000 | Up to $50,000 |
| <2oz | 2 to 4 oz | 4 oz to 5 lbs. | 5 to 50 lbs. | 50 to 2,000 lbs. | >2,000 lbs. | |
| Penalty Group 2A | Class B Misdemeanor | Class A Misdemeanor | State Jail Felony | 3rd Degree Felony | 2nd Degree Felony | |
| Up to 180 days; or | 1 year; or | 180 days to 2 years | 2 to 10 years | 2 to 20 years | Life; 5-99 years | |
| Up to $2,000 | Up to $4,000 | Up to $10,000 | Up to $10,000 | Up to $10,000 | Up to $50,000 |
| <28 grams | 28 to 200 grams | 200 to 400 grams | >400 grams | |
| Penalty Group 3 | Class A Misdemeanor | 3rdDegree Felony | 2ndDegree Felony | |
| Up to 1 year | 2-10 years | 2-20 years | Life; 5-99 years | |
| Up to $4,000 | Up to $10,000 | Up to $10,000 | Up to $50,000 |
| <28 grams | 28 to 200 grams | 200 to 400 grams | >400 grams | |
| Penalty Group 4 | Class B Misdemeanor | 3rdDegree Felony | 2ndDegree Felony | |
| Up to 180 days | 2-10 years | 2-20 years | Life; 5-99 years | |
| Up to $2,000 | Up to $10,000 | Up to $10,000 | Up to $50,000 |
Additional Resources
Texas Drug Statutes — The following page is a synthesized version of the Texas law penalty group for controlled substances and its offenses. The page also includes other situations in which the offense can be more significant and the punishment for substantial.
Texas Health and Human Services Page – The following webpage is the Texas Health and Human Services page, which lists the different schedules for drugs, and the various amendments taking place involving those drugs. You can search further into the page for more information involving controlled substances in the state.
Attorney for Possession of a Controlled Substance in Houston, TX
If you think you might be charged with possession of a controlled substance, make sure to seek criminal defense help as soon as possible. Any possession of controlled substances can result in severe consequences, including fines and jail time. Our legal team is invested in criminal defense cases like yours. We know that getting charged with a drug crime can be scary, but at our firm, we’ll make the process easier and smoother for you.
Communication with our clients is vital to us, so if you come in for a consultation, we’ll make sure to analyze your case and give you the next steps to the process. Contact our office at (832) 530-4070 for a free consultation with no strings attached or fill out our blank form at the bottom.
