possession of a controlled substance in Texas

Texas Drug Crimes | 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 1 = Possession of a Controlled Substance Penalty Group One

POCS PG 1A = Possession of a Controlled Substance Penalty Group 1-A

POCS PG 2 = Possession of a Controlled Substance Penalty Group Two

POCS PG 2A = Possession of a Controlled Substance Penalty Group 2-A

POCS PG 3 = Possession of a Controlled Substance Penalty Group Three

POCS PG4 = Possession of a Controlled Substance Penalty Group

DFZ = Drug Free Zone

POMu2 = Possession of Marijuana under 2 Ounces

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

Review: Felony Drug Charges No-Billed

I am astounded by the outcome Benson got for me on this case. I went to him after sleepless nights worrying about this case. The first thing that comes to mind is how easy he made the process. I came to him when I was facing a drug charge that could have resulted in a felony conviction and a lot of time behind bars. He took the time to meet with me, discuss the charge, what he would do, and what the possible outcomes might have been. I’m probably still in disbelief about what Benson was able to do. He was able to get my case no-billed. The second thing that comes to mind is his communication. His office and Benson were fantastic about communication. They have a client portal and are quick to get back to me when I ask them questions. I could always reach them over the phone too. I never had a question about what was going on or what was expected of me. Third, his was reasonably priced. I talked to several others that were less expensive and one that was more expensive but none that were as good as Benson. Certainly, after this outcome, he is the only person I would recommend.

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