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Family and Criminal Law Blog

Friday, July 15, 2022

Texas Drug Penalty Groups

As a state, Texas takes drug offensive seriously. Penalties for drug-related climbs, including the manufacture and sale of controlled substances, are severe and law enforcement move swiftly to crack down on offenders as do prosecutors. The drug charge a person may face will depend on a number of elements. These elements will involve questions such as, how much of the drug was involved? Was it being manufactured or only delivered? Is this a first criminal offense? It will also depend heavily on the type of controlled substance involved.

Texas Drug Penalty Groups

Texas law establishes drug penalty groups that each include different drugs and different punishment levels. The drug penalty groups separate out controlled substances into seven groups. A controlled substance is one that’s use, development, and distribution is tightly controlled and regulated due to the risk of abuse it carries. A controlled substance could be an illegal drug or it could be a prescription medication.

Texas drug penalty groups establish guidelines for penalties associated with controlled substances and whether the crime involved merely possessing the substance or whether it was being manufactured or delivered. Almost all crimes involving controlled substances are classified as felonies. Even simple possession could lead to a period of incarceration or probation as well as significant fines, driver’s license suspension, and mandatory participation in a drug treatment program.

Penalty group 1 represents the most heavily regulated drugs in Texas. There are no known medical uses for these drugs and they are considered to be highly dangerous as well as highly addictive. These drugs include cocaine and crack as well as heroin and oxycontin, among others. Punishment for possession of a penalty group 1 drug can vary anywhere from 180 days in a state jail and a fine not to exceed $10,000 all the way up to 99 years or life in prison and a fine not to exceed more than $100,000.

Penalty group 1-A is Acid, or LSD. It has its own subgroup because it is sold by the dose as opposed to other drugs that are sold by weight. Because of this, the penalty for possession of LSD will vary depending on how many units were involved. Penalty group 1-B also only has one controlled substance in it and that is fentanyl. Possession of less than 1 gram of fentanyl is considered to be a third degree felony and can land a person convicted of such a crime in state prison from 2 to 10 years and facing a fine not to exceed $10,000.

The penalty group 2 drugs are considered to be less dangerous than those in group 1. Most hallucinogens will be found in the penalty group 2 drugs, including ecstasy, PCP, and mushrooms. Penalty group 3 drugs mainly includes depressants and stimulants, including valium, Xanax, and Ritalin. While the punishment ranges for possession of controlled substance in penalty group 3 is less severe than those assigned to possession of a controlled substance in penalty group 2, the punishments are serious, nonetheless. Possession of less than 28 grams of a penalty group 3 drug is a Class A misdemeanor with a potential punishment of up to a year in county jail and a fine of up to $4,000.

Criminal Defense Attorneys

Are you facing a drug penalty charge in Texas? Do not delay in retaining the trusted counsel available at Navarrete & Schwartz. We are proud to serve the residence of Midland, Texas. Contact us today.


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