The penalties you face for possession of a controlled substance in Texas depend on a few things, namely the drug’s penalty group and how much you allegedly had on you.
What Are Penalty Groups for Controlled Substances in Texas?
Under the Texas Controlled Substances Act, specifically Chapter 481, the state assigns drugs a penalty group, I-IV. Each penalty group, denoted PG, has its own penalties for a possession conviction.
If you face possession of a controlled substance arrest or charges, you should speak to a Houston drug possession lawyer about your case as soon as possible. While the type of drug you are accused of possessing will affect the outcome of your case if convicted, your lawyer might be able to clear your name and avoid or at least reduce any penalties.
What Are the Controlled Substances in Each Penalty Group?
When law enforcement arrests you for possession of a controlled substance, the type of drug and the amount you are accused of having will play a role in the severity of the charges you face and the possible penalties if convicted. When a judge sentences you following a conviction, they will consider:
- The penalty group
- The amount of drugs in question
- Other aggravating factors, like if a minor had access to the drugs or if you have a previous history of drug convictions
- Mitigating factors, such as your willingness to go to rehabilitation and your active role in your community
According to the Texas Controlled Substances Act, the types of drugs in each penalty group include:
Penalty Group 1
This group contains the most heavily controlled narcotic drugs. They include:
- Opioids/Opiates
- Heroin
- Cocaine
- Methamphetamine
- Ketamine
- PCP
Penalty Group I-A
This group includes LSD and related drugs.
Penalty Group I-B
This group includes fentanyl and its derivatives.
Penalty Group II
This group includes hallucinogenic substances, including Ecstasy.
Penalty Group II-A
This group focuses on controlled substances meant to mimic the effects of marijuana. These drugs are often called synthetic marijuana, K2, and Spice.
Penalty Group III
This group includes prescription drugs that are sometimes prescribed for legitimate medical purposes but that are illegal to possess without a valid prescription, such as:
- Opioids and opiates that do not fall under PG I
- Sedatives, such as Valium and Xanax
- Anabolic steroids
- Ritalin and other similar drugs
Penalty Group IV
This group includes other prescription medications that have a potential for abuse, although generally a lower risk than those in PG III.
What About Marijuana?
Texas does not include marijuana—or “marihuana,” as the code spells it—in the above penalty groups. While it remains illegal for both medicinal and recreational possession and use in Texas, the potential penalties are generally minor for those who have no previous criminal record and only carry enough for personal use.
What Are the Possible Sentences Associated with Each Penalty Group?
If you are accused of possessing a controlled substance, you could face a conviction and time behind bars. A Houston possession of a controlled substance lawyer will fight to protect you from criminal penalties that could include:
Penalty Group I
- Less than 1 gram: A state jail felony that could result in up to 2 years behind bars or probation
- At least 1 gram, less than 4 grams: A third-degree felony, 2-10 years in prison
- At least 4 grams, less than 200 grams: A second-degree felony, 2-20 years in custody
- At least 200 grams, less than 400 grams: A first-degree felony, 5-99 years behind bars
- 400 grams or more: A first-degree felony, 10-99 years in prison, fine of up to $100,000
Penalty Group I-A
- Fewer than 20 doses: A state jail felony, 180 days to 2 years in a state jail
- 20 or more doses, less than 80 doses: A third-degree felony, 2-10 years behind bars
- 80 or more doses, less than 4,000 doses: A second-degree felony, 2-20 years in custody
- 4,000 or more doses: A first-degree felony, 5-99 years in state prison
- 8,000 or more doses: A first-degree felony, 15-99 years in state prison, a fine of up to $250,000
Penalty Group I-B
- Less than 1 gram: A state jail felony that could result in up to 2 years behind bars or probation
- At least 1 gram, less than 4 grams: A third-degree felony, 2-10 years in prison
- At least 4 grams, less than 200 grams: A second-degree felony, 2-20 years in custody
- At least 200 grams, less than 400 grams: A first-degree felony, 5-99 years behind bars
- 400 grams or more: A first-degree felony, 10-99 years in prison, fine of up to $100,000
Penalty Group II
- Less than 1 gram: A state jail felony, 180 days to 2 years in state jail
- At least 1 gram, less than 4 grams: A third-degree felony, 2-10 years in custody
- At least 4 grams, less than 400 grams: A second-degree felony, 2-20 years in prison.
- 400 or more grams: A first-degree felony, 5-99 years behind bars, a fine of up to $50,000
Penalty Group II-A
- 2 ounces or less: A Class B misdemeanor, up to 180 days in county jail
- More than 2 ounces, 4 ounces or less: A Class A misdemeanor, up to one year in county jail
- More than 4 ounces, 5 pounds or less: A state jail felony, 180 days to 2 years in a state jail
- More than 5 pounds, 50 pounds or less: A third-degree felony, 2 to 10 years in a state prison
- More than 50 pounds, 2,000 pounds or less: A second-degree felony, 2-20 years behind bars
- More than 2,000 pounds: An enhanced first-degree felony, 5 to 99 years in prison or life behind bars, up to $50,000 in fines
Penalty Group III
- Less than 28 grams: For PGIII, this is a Class A misdemeanor, by up to a year in county jail
- At least 28 grams, less than 200 grams: A third-degree felony, 2 to 10 years in state prison
- At least 200 grams, less than 400 grams: A second-degree felony, 2-20 years in state custody
- 400 grams or more: An enhanced first-degree felony, 5 to 99 years behind bars or life in prison, up to $50,000 in fines
Penalty Group IV
- Less than 28 grams: A Class B misdemeanor, which could result in up to 180 days in county jail.
- At least 28 grams, less than 200 grams: A third-degree felony, 2 to 10 years in state prison
- At least 200 grams, less than 400 grams: A second-degree felony, 2-20 years in state custody
- 400 grams or more: An enhanced first-degree felony, 5 to 99 years behind bars or life in prison, up to $50,000 in fines
Marijuana
- 2 ounces or less: A Class B misdemeanor, up to 180 days in county jail
- More than 2 ounces, 4 ounces or less: A Class A misdemeanor, up to one year in custody
- More than 4 ounces, 5 pounds or less: A state jail felony, 180 days to 2 years behind bars
- More than 5 pounds, 50 pounds or less: A third-degree felony, 2-10 years in prison
- More than 50 pounds, 2,000 pounds or less: A second-degree felony, 2-20 years in custody
- More than 2,000 pounds: A first-degree felony, 5-99 years in prison, up to $50,000 in fines
As you can see, how long you go to jail for drug possession will depend on the type of controlled substance, how much you possessed, your previous criminal record, and other factors. First offenders with a small amount of some drugs, such as marijuana, will most likely receive probation.
How do I Avoid Penalties for a Controlled Substance Charge in Texas?
Working with a Houston drug charges lawyer could allow you to clear your name or prevent serving jail time. Your lawyer can help you understand the possible defense strategies based on your case facts. This could include working to get charges dropped, applying for a diversion program, fighting the charges in court, or working to get key evidence barred from the case.
Connect With Our Team to Learn More About the Penalties You Can Face for Possession for a Controlled Substance
Blass Law, led by Houston criminal defense lawyer Jay Blass Cohen, represents those accused of possessing a controlled substance in Texas. Contact us today for a confidential consultation to learn how we can help you fight the allegations and clear your name.