possession of a controlled substance in Texas

Possession of Controlled Substance in Texas

Possession of a controlled substance in Texas is classified into penalty groups, which are based on the legislature’s beliefs about risks of abuse and whether or not there are accepted medical uses for a drug.

What is a Controlled Substance in Texas?

A controlled substance is substance whose use and distribution is tightly controlled because of its abuse potential or risk.

Common Abbreviations in Drug Cases

POCS PG 1Possession of a Controlled Substance Penalty Group 1
POCS PG 1-APossession of a Controlled Substance Penalty Group 1-A
POCS PG 2Possession of a Controlled Substance Penalty Group 2
POCS PG 2-APossession of a Controlled Substance Penalty Group 2-A
POCS PG 3Possession of a Controlled Substance Penalty Group 3
POCS PG 4Possession of a Controlled Substance Penalty Group 4
DFZDrug Free Zone
POMu2Possession of Marijuana under 2 Oz

Punishment Ranges, Drug Categories, and Drug Penalty Groups in Texas

Your potential punishment range for Texas drug crimes like possession of controlled substance depends on which penalty group the drug falls into, the quantity of drugs, whether there is an allegation of distribution, and your criminal history.  Notice that some drugs like hydrocodone appear in more than one penalty group based on quantity. Controlled Substances are classified into the following penalty groups:

Common Examples from Each Penalty Group in Texas:

Penalty Group 1

penalty group 1 drugs texas

Most opiates and opiate derivatives including:

  • Cocaine
  • Crack
  • Heroin
  • Methamphetamine
  • Special K – Ketamine
  • Oxycontin (Oxycodone)
  • GHB
  • Hydrocodone over 300 grams (including in Vicodin)
  • Fentanyl

fentanyl penalty group one texas

Penalty Group 1-A

penalty group 1A

  • Acid – LSD

Penalty Group 2

penalty group two substances texas

Most hallucinogens, including:

  • MDMA, Molly, Ecstasy
  • Bath Salts (Many bath salts)
  • Adderall (Dextroamphetamine)
  • PCP (Phencyclidine, Angel Dust)
  • Mescaline (Peyote)
  • Mushrooms (Psilocybin)
  • Proposed legislation: Flakka (alpha-PVP)
  • “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)

Penalty Group 2-A

penalty group 2A

  • Synthetic Marijuana (Spice, K2, other synthetic cannabinoids)

Penalty Group 3

penalty group three drugs

Stimulants including:

  • Valium
  • Xanax (Alprazolam)
  • Clonazepam
  • Diazepam
  • Hydrocodone  less than 15mg/dose or less than 300 mg
  • Codeine less than 90mg/dose
  • Lorazepam
  • Zolpidem
  • Ritalin
  • Testosterone
  • HGH (Human Growth Hormone)

 

Penalty Group 4penalty group four drugs

Narcotics including:

  • Opium
  • Morphine
  • Motofen
  • Dangerous Drugs

 

Under Texas Health and Safety Code §§481.115-118, an individual can be charged with the offense of possession of a controlled substance if they knowingly or intentionally possess any of the substances listed in the Penalty Group I-IV without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances.

Common defenses for Texas drug crimes stem from improper searches and seizures, as well as issues that arise during the chain of custody of the evidence. There are a number of diversion programs in most counties, both for the first time offender and for offenders who are ready to make a substantial change in their lives.

Don’t Miss: Manufacture Delivery of a Controlled Substance

If you are charged with possession of a controlled substance in North Texas, call our attorneys at (817) 203-2220.

Possession of Controlled Substance Penalty Group One (PG1)Offense LevelPunishment Range
Less than one gramState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 200 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 gramsFirst Degree5 to 99 years in a state prison or life, and a fine of not more than $100,000
400 grams or moreEnhanced First Degree10 to 99 years or life, and a fine of not more than $100,000

Possession of Controlled Substance Penalty Group 1-A (PG1-A)Offense LevelPunishment Range
Fewer than 20 unitsState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
20 or more units, but less than 80 unitsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
80 units or more, but less than 4,000 unitsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
4,000 units or more, but less than 8,000 unitesFirst Degree5 to 99 years in a state prison or life, and a fine of not more than $100,000
8,000 unites or moreEnhanced First Degree15 to 99 years or life, and a fine of not more than $250,000

Possession of Controlled Substance Penalty Group 2 (PG2)Offense LevelPunishment Range
Less than one gramState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 400 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or moreEnhanced first-degree felony5 to 99 years in a state prison and/or a fine of not more than $50,000

Possession of Controlled Substance Penalty Group 2-A (PG 2-A)Offense LevelPunishment Range
Less than two ouncesClass B misdemeanor0-180 days in county jail and up to $2,000 fine
2 ounces or more but less than 4 ouncesClass A misdemeanor0-1 year in county jail, and up to $4,000 fine
4 ounces or more but less than 5 poundsState jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
5 pounds ore more but less than 50 poundsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
50 pounds or more, but less than 2,000 poundsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
2,000 pounds ore moreEnhanced first-degree felony5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Controlled Substance Penalty Group 3 (PG-3)Offense LevelPunishment Range
Less than 28 gramsClass A misdemeanor0-1 year in county jail, and up to $4,000 fine
28 grams or more, but less than 200 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less thanÊ 400 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or moreEnhanced first-degree felony5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Controlled Substance Penalty GroupÊ4 (PG4)Offense LevelPunishment Range
Less than 28 gramsClass B Misdemeanor0-180 days in county jail and up to $2,000 fine
28 grams or more, but less than 200 gramsThird Degree2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less thanÊ 400 gramsSecond Degree2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or moreEnhanced first-degree felony5 to 99 years in state prison or life, and a fine not to exceed $50,000

Possession of Dangerous Drugs (Not otherwise classified)Offense LevelPunishment Range
PossessionClass B Misdemeanor0-180 days in county jail and up to $2,000 fine
Manufacturing or Possession with intent to deliverClass A misdemeanor0-1 year in county jail, and up to $4,000 fine

Possession of Drug ParaphernaliaClass C Misdemeanor$0-500 Fine
Possession of Marijuana Under Two OuncesClass B MisdemeanorUp to 180 days in Jail,$0-2,000 fine
Possession of Marijuana 2-4 ozClass A MisdemeanorUp to 1 year in Jail,$0-4,000 fine
Possession of Marijuana 4 oz to 5 lbsState Jail Felony180 days - 2 Years, State Jail, Up to $10,000 fine.
Possession of Marijuana 5-50 lbsThird Degree Felony2-10 Years Penitentiary, Up to $10,000 fine
Possession of Marijuana 50-2000 lbsSecond Degree Felony2-20 Years Penitentiary, Up to $10,000 fine.
Possession of Marijuana 2000+ lbsFirst Degree Felony5-99 Years/Life, Up to $50,000 fine*

Delivery of MarihuanaOffense LevelPunishment Range
Quarter ounce or less, given, not for paymentClass B misdemeanorNot more than 180 days in a county jail and/or a fine of not more than $2,000
Quarter ounce or less, for paymentClass A misdemeanorNot more than 1 year in a county jail and/or a fine of not more than $4,000
More than a quarter ounce, but less than 5 poundsState Jail felony180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 5 pounds, but less than 50 poundsSecond-degree felony2 to 20 years in a state prison and/or a fine of not more than $10,000
More than 50 pounds, but less than 2,000First-degree felony5 to 99 years in a state prison and/or a fine of not more than $10,000
More than 2,000 poundsEnhanced first-degree felony10 to 99 years and a fine of not more than $100,000

Felony POCS 4g-200g
Rating: ★★★★★ 5 / 5 stars

Rated By Michael Davis

I was represented by the firm for a felony POCS 4g-200g. First, I want to say I cannot thank Anna Summersett enough for everything she has done on my behalf. From the beginning, she was very easy to communicate with and was willing to answer ALL of my questions. After a medical emergency dealing with PTSD, I called the firm in a panic hoping to find some sort of clarity. PTSD is real and if I could give my entire testimony in the review I would. The person who answered my call made me feel calm and reminded me that my worries/questions/concerns were in hands of very smart and professional people. I was then right away transferred to attorney Ms. Summersett. They use this portal called my case that makes communication with your attorney very efficient. Ms. Summersett always responded to my messages quickly, even late at night or early in the morning she was keeping me in the loop. When I was arrested I was not sure of how to deal or handle the stress because going to jail and to court can be a very horrific experience. I never in my life thought I would’ve been in this position but with the work of Ms. Summersett I am now able to have my life back. With this charge a dismissal is very unprecedented. God bless Anna for negotiating a dismissal of my case. I am a gold star parent who lost my son who was a Sargent in the Air Force and my daughter is a Captain in the Air Force. I am so extremely proud of my kids and have always wanted to set the best example for them. Thank you again Anna for your dedication and hard work. I can’t wait to see what the future has in store. I would recommend this firm to anyone facing a situation like mine.

Contact us

Call us at (817) 203-2220 for a complimentary strategy session. Our team of former prosecutors and Board Certified Criminal Lawyers are here to help. During this call we will:

  • Discuss the facts of your case;
  • Discuss the legal issues involved, including the direct and collateral consequences of the allegation; and
  • Discuss the defenses that apply to your plan and in general terms discuss our approach to your case.

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