A controlled substance is defined under the Texas Controlled Substances Act or Texas Health and Safety Code § 481.002(5) as any substance listed in so-called “penalty groups,” plus marijuana. Possession of any such substances without a valid prescription can result in harsh criminal charges and possible penalties. While most criminal drug charges are based purely on possession of a controlled substance, people can face more severe penalties when they are accused of manufacturing or selling a controlled substance.

Anyone facing drug charges should begin working with an experienced Austin criminal defense attorney immediately. 

How Controlled Substances are Classified in Texas

Penalty Group 1

Penalty Group 1 under Texas Health and Safety Code § 481.102 includes several different kinds of opiates and narcotics, but the most common drugs under this section include opioids, opium derivatives, and opiates, as well as cocaine, methamphetamine, ketamine, mescaline, psilocybin, and other hallucinogens. 

Possession of less than 1 gram of a Penalty Group 1 controlled substance will be a state felony punishable by up to two years in state jail and/or a fine of up to $10,000. When a person possesses 1 to 4 grams of a Penalty Group 1 substance, possession is a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000, while manufacture or delivery offenses will be a second-degree felony offense punishable by up to 20 years in prison and/or a fine of up to $10,000. 

Penalty Group 2

Penalty group 2 includes hallucinogenic substances such as Ecstasy, phencyclidine or phenyl cyclohexyl piperidine (PCP or angel dust), and mescaline. Possession of less than 1 gram of a Penalty Group 2 controlled substance will be a state felony punishable by up to two years in state jail and/or a fine of up to $10,000.

When a person possesses 1 to 4 grams of a Penalty Group 2 substance, possession will be a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000, while manufacture or delivery offenses will be a second-degree felony offense punishable by up to 20 years in prison and/or a fine of up to $10,000. 

Penalty Group 2-A

Penalty Group 2-A includes many chemical compounds that mimic cannabinoids, such as K2 and Spice. Possession of less than 2 ounces of a Penalty Group 2-A controlled substance will be a Class B misdemeanor punishable by up to 180 days in county jail and/or a fine of up to $2,000.

When a person possesses 2 to 4 ounces of a Penalty Group 2-A substance, possession will be a Class A misdemeanor punishable by up to one year in county jail and/or a fine of up to $4,000. Possession of 4 ounces up to 5 pounds will be a state jail felony punishable by up to two years in state jail and/or a fine of up to $10,000, while possession of 5 pounds to 50 pounds will be a third-degree felony punishable by up to 10 years in state prison and/or a fine of up to $10,000.

Penalty Group 3

Penalty Group 3 involves controlled substances designed to create a stimulant or depressant effect and often include anabolic steroids, benzodiazepines, Ritalin, Valium, and many other prescription medications. Possession of less than 28 grams of a Penalty Group 3 substance will be a Class A misdemeanor punishable by up to one year in county jail and/or a fine of up to $4,000.

Penalty Group 4

Penalty Group 4 includes a wide range of opiates, opioids, prescription medications, and other chemical compounds. Possession of less than 28 grams of a Penalty Group 4 substance will be a Class B misdemeanor punishable by up to 180 days in county jail and/or a fine of up to $2,000, possession of 28 grams to 200 grams will be a third-degree felony punishable by up to 10 years in state prison and/or a fine of up to $10,000, possession of 200 grams to 400 grams will be a second-degree felony punishable by up to 20 years in state prison and/or a fine of up to $10,000, and possession of more than 400 grams will be a first-degree felony punishable by up to 99 years or life in state prison and/or a fine of up to $50,000.

Marijuana

Marijuana is not classified under a Penalty Group and can be legal for possession when a person has the proper medical authorization. In all other cases, possession of a quarter-ounce or less of marijuana, not for sale, will be a Class B misdemeanor punishable by up to 180 days in county jail and/or a fine of up to $2,000.

Contact Our Austin Criminal Defense Lawyer

Are you facing any kind of drug charges in Texas? Do not wait to get in touch with The Law Office of David D. White, PLLC, because we have a wealth of experience handling these types of cases.

Our firm will know which defenses you can use to fight your criminal charges and help you possibly get your charges reduced or dismissed. Call (512) 369-3737 or contact our Austin criminal defense attorney online to take advantage of a free consultation.