What Are the Drug Penalty Groups in Texas?
- March 15, 2022
- The Law Office of Greg Tsioros
- Comments Off on What Are the Drug Penalty Groups in Texas?
Texas is tough on drugs. And not just drugs, but the compounds and paraphernalia used to manufacture and sell them.
Drug charges in Texas are complicated because so many elements come into consideration: How much controlled substance is involved? Is the individual a user, or were they manufacturing or delivering it? Which penalty group does that drug fall under? Is this a first offense?
Texas has seven penalty groups with different drugs and varying punishment levels. If you are charged with a drug-related crime, you need an experienced lawyer to help you untangle everything and ensure you get the appropriate legal guidance.
This post defines what a controlled substance is, what possession consists of, and details about the federal drug schedules and Texas state penalty groups to help you make some sense of your case.
Definitions
- Controlled substance – a drug or chemical whose use and distribution is tightly controlled because of its abuse risk or potential, including both illegal drugs and prescription medications.
- Possession of a controlled substance – an individual knowingly or intentionally possessed a substance listed in a penalty group without a valid prescription from a doctor, including any type of illegal drug, prescription drug, or illegal natural substance.
- Drug Free Zone – an area where the possession, transportation, or sale of drugs is strictly prohibited – within 1000 feet of a public or private elementary or secondary school, daycare, public or private youth center, playground, and institution of higher learning. It also prohibits drug activity within 300 feet of a school bus, public swimming pool, or video arcades. It enhances fines and prison sentences.
- Possession of Marijuana under 2 oz – recreational marijuana in any amount remains illegal in Texas. Possession of fewer than two ounces includes a fine up to $2,000, 180 days in jail, or both.
Potential punishments for possession of a controlled substance include:
- Prison or jail time
- Probation
- Substantial fines
- Mandatory drug addiction treatment
- A temporary suspension of your driver’s license
Are you facing drug related charges?
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Drug Schedules and Categories
The 1970 Controlled Substances Act established something called drug schedules, a system of classifying various types of drugs into five schedules for legal purposes. The Texas Health and Safety Code contains the Texas Controlled Substances Act, Chapter 381, which assigns drugs from I through V together as groups to establishment penalty levels. You may also hear drugs classified according to categories.
Categories
- Narcotic – drugs made or derived from the opium poppy
- Depressants – drugs that slow bodily functions and used as sedatives or tranquilizers
- Stimulants – drugs that speed up the nerves to make a person more alert
- Hallucinogens – drugs that alter mood, perception, thought, and emotion
Schedules
Schedule I is the most heavily controlled group. These substances have no medical use and are at high risk for addiction.
- Marijuana – hallucinogen
- Heroin – depressant
- MDMA (Ecstasy) – stimulant/hallucinogen
- GHB – hallucinogen
- Mushrooms/psilocybin – hallucinogen
- LSD – hallucinogen
- Peyote/mescaline – hallucinogen
Schedule II is controlled slightly less than Schedule I.
- Cocaine – stimulant
- Ritalin – stimulant
- Opium – narcotic
- Methadone – narcotic
- Fentanyl – narcotic
- Pure codeine and pure hydrocodone – narcotic
- Oxycodone (Oxycontin, Percocet, Percodan) – narcotic
- Amphetamines/Methamphetamine – stimulant
- PCP – hallucinogen
- Some barbiturates – depressant
Schedule III is another stop down the scale of control.
- Ketamine – hallucinogen
- Codeine – narcotic
- Hydrocodone (Vicodin, Lortab, Lorcet) – narcotic
- Anabolic steroids
- Marinol (synthetic cannabis)
Schedule IV is made up of a few prescription drugs.
- Xanax – depressant
- Valium – depressant
- Darvon – depressant
- Darvocet – depressant
Schedule V contains the most lightly controlled substances that commonly have medical uses and a limited risk of addiction.
- Cough suppressants with codeine
- Anti-diarrheal treatments
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Penalty Groups
Texas state penalty groups also classify or categorize controlled substances and provide guidelines for penalties according to whether the crime includes manufacture or delivery or whether the crime is simple possession.
Nearly all controlled substance crimes are felonies, with the exception of possession of less than 28 grams of Penalty Group 3 and 4 substances or less than 4 oz of Penalty Group 2A substances.
Penalty group classifications are typically one degree lower for possession than manufacture or delivery as long as it involves the same controlled substance in the same quantity.
The court sentences according to penalty group, the amount of controlled substance in question, the presence of a minor (which increases the penalty), and factors such as family and community support that can decrease penalties.
Penalty Group is abbreviated as PG.
PG-1
Includes opiates, oxycodone, methamphetamine, GHB, cocaine (including crack), heroin, and ketamine. It also includes hydrocodone over 300 grams.
| Felony level | Amount of substance | Fine | Prison Sentence |
| State jail felony | Less than 1 gram | Up to $10,000 | 180 days to 2 years |
| Felony 3rd degree | 1-4 grams | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 4-200 grams | Up to $10,000 | 2 to 20 years |
| Felony 1st degree | 200-400 grams | Up to $100,000 | 5 to 99 years |
| Felony 1st degree – enhanced | 400 grams or more | Up to $100,000 | 10-99 years |
PG-1A
Includes only LSD. LSD is separate from other drugs because it is sold by the dose or unit rather than by weight.
| Felony level | Amount of substance | Fine | Prison sentence |
| State jail felony | Fewer than 20 units | Up to $10,000 | 180 days to 2 years |
| Felony 3rd degree | 20-80 units | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 80-4,000 units | Up to $10,000 | 5 to 20 years |
| Felony 1st degree | 4,000-8,000 units | Up to $250,000 | 5 to 99 years |
| Felony 1st degree – enhances | More than 8,000 units | Up to $250,000 | 15 to 99 years |
PG-1B
Includes only fentanyl and its derivatives. https://capitol.texas.gov/tlodocs/87R/billtext/html/SB00768S.htm
As of this writing, the felony levels, fines, and prison sentence guidance for PG-1B are not completely clear. According to Texas SB 768, signed into law in July 2021:
- Possession of less than 1 gram is a state jail felony carrying six months to 2 years and a maximum fine up to $10,000.
- Possession of 1 to 4 grams is a second-degree felony carrying a prison sentence of 2 to 10 years and a fine up to $10,000.
- Possession of 4 to 200 grams carries a prison sentence of 10 to 99 years in prison and a fine up to $20,000.
- Possession of 200 to 400 grams carries a prison sentence of 15 to 99 years in prison and a fine up to $200,000.
- Possession of more than 400 grams carries a prison sentence of 20 to 99 years in prison and a fine up to $500,000.
PG-2
Includes hallucinogens, including THC (Cannabis), mushrooms, and psilocybin.
| Felony level | Amount of substance | Fine | Prison sentence |
| State jail felony | Less than 1 gram | Up to $10,000 | 180 days to 2 years |
| Felony 3rd degree | 1-4 grams | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 4-400 grams | Up to $10,000 | 2 to 20 years |
| Felony 1st degree | 400 grams or more | Up to $100,000 | 5 to 99 years |
PG-2A
Includes synthetic marijuana or cannabinoids.
| Felony level | Amount of substance | Fine | Prison sentence |
| Class B Misdemeanor | Less than 2 oz | Up to $2,000 | Up to 180 days l |
| Class A Misdemeanor | 2-4 oz | Up to $4,000 | Up to 1 year |
| State jail felony | 4 oz – 5 pounds | Up to $10,000 | 180 days to 2 years |
| Felony 3rd degree | 5-50 pounds | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 50-2,000 pounds | Up to $10,000 | 2 to 20 years |
| Felony 1st degree – enhanced | 2,000 pounds or more | Up to $50,000 | 5 to 99 years |
PG-3
Includes stimulants and depressants such as Ritalin, benzodiazepines, Xanax, and anabolic steroids.
| Felony level | Amount of substance | Fine | Prison sentence |
| Class A Misdemeanor | Less than 28 grams | Up to $4,000 | Up to 1 year |
| Felony 3rd degree | 28-200 grams | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 200-400 grams | Up to $10,000 | 2 to 20 years |
| Felony 1st degree | 400 grams or more | Up to $50,000 | 5 to 99 years |
PG-4
Includes narcotics such as codeine and morphine in small amounts with medical value.
| Felony level | Amount of substance | Fine | Prison sentence |
| Class B Misdemeanor | Less than 28 grams | Up to $2,000 | Up to 180 days |
| Felony 3rd degree | 28-200 grams | Up to $10,000 | 2 to 10 years |
| Felony 2nd degree | 200-400 grams | Up to $10,000 | 2 to 20 years |
| Felony 1st degree | 400 grams or more | Up to $50,000 | 5 to 99 years |
If you are charged with possession, manufacture, or delivery of controlled substances in Texas, you might pay thousands of dollars in fines and spend a portion of your life in prison. You need an experienced drug charge attorney like Greg Tsioros to represent you.
