Texas Law Guide to Possession of a Controlled Substance

Texas has some of the strictest laws and penalties for possession of a controlled substance. Not only does Texas law regulate the well-known drugs like heroin, cocaine, methamphetamine, and prescription drugs but it also regulates the possession of the compounds used to manufacture them.

Texas Controlled Substance Penalty Groups

The Texas Health and Safety Code, Penal Code, and Controlled Substances Act comprise the laws and penalties surrounding the possession of a controlled substance in this state. Texas law separates controlled substances into four penalty groups and two sub-penalty groups. The Texas Health and Safety Code, Sections 481.102 through 481.105 list the penalty groups and their associated controlled substances.

Penalty Group 1 is comprised of the drugs most likely to cause abuse and addiction that have no recognized medical use. Penalty Groups 1A, 2, 2A, 3, and 4 contain controlled substances and compounds that decrease in their dangerousness and probability of abuse. Controlled substances in the lower classes also have an increased recognition for medicinal purposes.

Possession of a Controlled Substance Penalty Factors

The severity of punishments for possession of a controlled substance is determined by a variety of factors. Depending on the circumstances involved, a charge for possession of a controlled substance could be as minor as a misdemeanor or as serious as a felony. The main determining factors are the type of drug, the corresponding penalty group, and the amount in possession at the time of arrest.

Penalties for Possession of a Controlled Substance

Penalty Group 1:Cocaine, heroin, methamphetamine, ketamine,

• State jail felony: Less than one gram
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years in prison
• Felony of the 3rd Degree: Between one and four grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and ten years
• Felony of the 2nd Degree: Between four and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: Between 200 and 400 grams
  · Fine: Up to $100,000
  · Prison sentence: Between five and 99 years
• Enhanced Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $100,000
  · Prison sentence: Between ten and 99 years in prison

Penalty Group 1-A: Lysergic acid and LSD

• State jail felony: Fewer than 20 units
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years
• Felony of the 3rd Degree: Between twenty and eighty units
  · Fine: Up to $10,000
  · Prison sentence: Between two and ten years
• Felony of the 2nd Degree: Between eighty and 4,000 units
  · Fine: Up to $10,000
  · Prison sentence: Between five and twenty years
• Felony of the 1st Degree: 4,000 or more units
  · Fine: Up to $250,000
  · Prison sentence: Between fifteen and 99 years

Penalty Group 2: Mushrooms and Psilocybin

• State jail felony: Less than one gram
  · Fine: Up to $10,000
  · Prison sentence: Between 180 days and two years in prison
• Felony of the 3rd Degree: Between one and four grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and ten years
• Felony of the 2nd Degree: Between four and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $100,000
  · Prison sentence: Between five and 99 years

Penalty Group 3: Anabolic steroids, Xanax, Lorazepam

• Class A Misdemeanor: Less than 28 grams
  · Fine: Up to $4,000
  · Jail sentence: Up to one year
• Felony of the 3rd Degree: Between 28 and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and ten years
• Felony of the 2nd Degree: Between 200 and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $50,000
  · Prison sentence: Between five and 99 years

Penalty Group 4:Compounds with small amounts of codeine or opium

• Class B Misdemeanor: Less than 28 grams
  · Fine: Up to $2,000
  · Jail sentence: Up to 180 days
• Felony of the 3rd Degree: Between 28 and 200 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and ten years
• Felony of the 2nd Degree: Between 200 and 400 grams
  · Fine: Up to $10,000
  · Prison sentence: Between two and twenty years
• Felony of the 1st Degree: 400 grams or more
  · Fine: Up to $50,000
  · Prison sentence: Between five and 99 years