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Family and Criminal Law Blog

Thursday, January 21, 2021

What Is the Texas Controlled Substance Act?

There are many laws, both federal and state, that address criminal conduct. Different types of criminal offenses often involve the application of multiple laws. For instance, drug crimes in Texas can involve several different laws, even those beyond the Texas Penal Code. The Texas Controlled Substance Act, for instance, plays a central role in drug crimes in the State of Texas.

What Is the Texas Controlled Substance Act?

Texas has come down strongly in the war on drugs. The State has little tolerance for those involved in drug-related offenses, even seemingly minor ones. The Texas Controlled Substances Act of 1973, makes it a crime to either possess, distribute, or manufacture controlled substances. Furthermore, controlled substances are divided into Schedules based on their potential for abuse. The schedules as set forth by the Texas Controlled Substances Act are as follows:

  • Schedule I: substances with high potential for abuse that have no currently accepted medical use
  • Schedule II: substances with high potential for abuse that can lead to severe physical or psychological dependence, but have accepted medical uses with certain restrictions
  • Schedule III: substances with lower potential for abuse but can still lead to low, moderate, or high physical dependence
  • Schedule IV: substances with lower potential for abuse that can lead to low physical or psychological dependence
  • Schedule V: substances with low potential for abuse that can lead to limited physical or psychological dependence

The schedule of a drug can have a significant impact on the potential punishments a person faces as can whether a person was in possession of the drug, or manufacturing or selling the drug.

Penalties for drug-related offenses are divided into four different groups, plus a group for marijuana and synthetic marijuana-related offenses, which, in light of other potential drug offense penalties, may seem minor. Some examples of a penalty group include Group 1. Group 1 relates to offenses involving opioids and their derivatives, among other substances. Penalties for this group start from 180 day to two years of jail time and a $10,000 fine. The maximum penalty in this group can involve life imprisonment and a fine of up to $300,000.

Criminal Defense Attorneys

Drug offenses involve complex Texas laws that the State will likely look to fully enforce. The State is not one to take it easy on those charged with drug crimes. Penalties for a drug crime conviction can include large fines, as well as extensive jail time, suspension of your driver’s license, and mandatory substance abuse treatment programs. On top of that, there are impacts far beyond what you may at first realize. A drug conviction on your record can restrict your job prospects in the future and can even limit your ability to secure housing and pursue educational opportunities. There is still time to successfully fight your drug charge and the dedicated team of criminal defense attorneys at Navarrete & Schwartz are here to do just that. We are proud to serve the residents of Midland, Texas. Contact us today.


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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