Most people are somewhat familiar with the Controlled Substances Act of 1970 which designates controlled substances into certain schedules based on their potential for abuse and medical use.
For example, Schedule V and IV drugs, are seen as having a low abuse potential and carry relatively minor (if any) penalties.
Schedule I drugs, on the other hand, include substances like heroin and LSD and are viewed as dangerous and having limited to no medical use.
The State of Texas, however, has developed its own drug classification system outside the Controlled Substances Act of 1970.
Instead of schedules, it categorizes drugs into penalty groups:
- Penalty group 1 — This group contain opioids, opiates, and opium derivatives such as heroin, cocaine, meth, ketamine, oxycodone, hydrocodone. Possession penalties:
- Less than 1gram is a state jail felony punishable by 180days-2yrs and up to $10,000.
- 1-4g is a 3rd degree felony 2-10yrs and up to $10,000.
- 4-200g is a 2nd degree felony 2-20yrs and up to $10,000.
- 200-400g is a 1st degree felony punishable by life or 5-99yrs and up to $10,000.
- Penalty group 1a — LSD is the primary drug in this group. Possession penalties:
- Less than 20u is a state jail felony punishable by 180days-2yrs and up to $10,000.
- 20-80u is a 3rd degree felony 2-10yrs and up to $10,000.
- 80-4,000u is a 2nd degree felony 2-20yrs and up to $10,000.
- 4,000-8,000u is a 1st degree felony punishable by life or 5-99yrs and up to $10,000.
- Penalty group 2 — Hallucinogenic substances comprise this group an include ecstasy, pcp, and mescaline. Possession penalties:
- Less than 1gram is a state jail felony punishable by 180days-2yrs and up to $10,000.
- 1-4g is a 3rd degree felony 2-10yrs and up to $10,000.
- 4-400g is a 2nd degree felony 2-20yrs and up to $10,000.
- More than 400g is punishable by life or 5-99yrs and up to $50,000.
- Penalty group 3 — Group contains a variety of substances such as valium, Xanax, Ritalin, and hydrocodone. Possession penalties:
- Less than 28gram is a Class A misdemeanor punishable by up to one year in jail and/or up to $4,000 in fines.
- 28-200g is a 3rd degree felony 2-10yrs and up to $10,000.
- 200-400g is a 2nd degree felony 2-20yrs and up to $10,000.
- More than 400g is punishable by life or 5-99yrs and up to $50,000.
- Penalty group 4 — The last group many substances including morphine, motofen, buprenorphine, and pyrovalerone. Possession penalties:
- Less than 28gram is a Class A misdemeanor punishable by up to one year in jail and/or up to $4,000 in fines.
- 28-200g is a 3rd degree felony 2-10yrs and up to $10,000.
- 200-400g is a 2nd degree felony 2-20yrs and up to $10,000.
- More than 400g is punishable by life or 5-99yrs and up to $50,000.
To find out more about how Texas prosecutes drug crimes, consult with an experienced drug possession lawyer in Kingwood as soon as possible.
Dedicated Kingwood criminal law attorney upholds your rights
The Law Office of Andrew J. Williams provides experienced defense counsel to clients who face drug charges throughout the Kingwood and Humble, Texas area.
Contact our firm online or call 281-358-9111 to schedule your free initial consultation.
