What are the Drug Penalty Groups in Texas?

We Need to Start with the Texas Controlled Substance Act

In Texas, there is no room for drug-related infractions—no matter how small they may seem. The Texas Controlled Substances Act of 1973 makes it a criminal offense to possess, produce, or distribute any type of Texas-controlled substances. As delineated in the act itself, these drugs are divided into Schedules according to their potential abuse degree:

Schedule I:

substances with a high potential for abuse that have no currently accepted medical use

Schedule II:

substances with a 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 a 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 potential severity of Penalizing Group 1 offenses:

These include those involving opioids and related substances, which can yield dire consequences. Such acts may be subject to 180 days to two years in prison and a fine up to $10,000 – with this group being the maximum of the Texas penalty groups, extending up to life imprisonment as well as an astronomical fee of $300,000.

In Texas, the consequences for possessing drugs depend on the penalty group and amount. Legislators have identified eight drug groups (PG1, PG1-A, PG-2, PG-2A, PG-3, PG-4 Dangerous Drugs, and Marijuana) which are categorized according to their addictive properties as well as if they serve a legitimate medical purpose or not.

What to do if Caught with a Controlled Substance?

If you have been caught with a controlled substance in Texas, it is essential to seek immediate legal advice. The penalties associated with possession of a controlled substance are serious and can lead to incarceration. Depending on the type of substance, the amount, and other circumstances, an individual can be charged with anything from a misdemeanor to more serious felonies like drug trafficking.

Additionally, the consequences of a conviction may include jail time, fines, probation, community service, and even mandatory drug treatment programs.

Therefore, if you have been caught with a controlled substance in Texas it is paramount that you contact an experienced criminal defense attorney as soon as possible who will be able to provide advice on how best to proceed.

It is important to remember that if you are facing criminal charges for possession or trafficking of a controlled substance in Texas - your case is unique and will require individualized attention from experienced legal counsel familiar with this area of law in order to provide the most accurate legal advice.

A lawyer who specializes in criminal defense and understands the nuances of this type of case will be invaluable during all stages of the proceedings. Furthermore, they will be able to advise you on potential defenses such as entrapment, illegal search, and seizure, or Miranda rights violations – all of which may help improve your chances of obtaining a favorable outcome.

To ensure your rights are protected during this difficult time it is advisable that you remain silent until you have sought legal counsel and received their advice.

Any information given by an individual before speaking with an attorney can result in adverse consequences and weaken any defenses that could possibly be brought up later on in court.

In conclusion, if one has been caught with a controlled substance in Texas then it is absolutely imperative that they obtain appropriate legal representation immediately so as not to put themselves at risk for further complications down the road.

How is Possession of a Controlled Substance Defined in Texas?

In Texas, possession of a controlled substance is defined as the actual or constructive possession of a quantity of a controlled substance. Actual possession is when the controlled substance is in one’s direct physical control, while constructive possession is when the controlled substance is not immediately within one’s reach, but can still be claimed or exercised. It can also mean that the person has knowledge of its presence and control over it.

The law specifies certain quantities for certain controlled substances, which will determine whether the person possesses the drug for personal use or for sale/distribution purposes.

The amount needed to show actual or constructive possession must be sufficient to show that the person is meant to have control over what they are carrying and was aware of its presence.

The exact amount that makes this distinction varies depending on the type and form of the drug, but in general, larger amounts are generally associated with intent to sell or distribute rather than just personal use. Possession with intent to distribute carries harsher penalties than simple possession charges do.

When it comes to penalties for possessing a controlled substance in Texas, both jail time and monetary fines are possible depending on several factors such as an individual’s criminal history as well as how much of a particular drug they were found in possession of.

In some cases, entering a plea bargain may result in having one’s sentence reduced and/or waived completely if an individual decides to cooperate with law enforcement agents involved in their case.

What does the charge: Poss cs pg 1 1-b 1g mean?

Possession of a controlled substance, under 1 gram, in penalty group 1 (most commonly cocaine, heroin, or methamphetamine, but there is a long list of substances in this penalty group). Penalty Group 1B is fentanyl.

Is Marijuana (aka Marihuana) treated differently than other controlled substances in Texas

There is no definitive answer to this question as marijuana laws are constantly evolving and changing. However, in general, marijuana is treated differently than other controlled substances in Texas.

For example, possession of small amounts of marijuana is typically a misdemeanor offense, while possession of larger amounts can be a state jail felony, and/or a felony 1-3. Additionally, it should be noted that a state jail felony is typically punishable by up to two years in jail, while felonies are punishable by more than two years in jail.

What if I have a prescription for my marijuana?

Despite having a lawful prescription for prescription drugs listed as controlled substances under the act, such as medical marijuana, Texas law still prohibits possession – there is no acknowledged exception to prescription drugs not recognized as such.

Thus, you can be arrested and prosecuted even if you hold a valid prescription. It’s imperative to remember that in Texas (and many other states) it remains illegal to possess marijuana despite possessing authorization from your physician.

Is There an Exception for Medical Use in a Drug Possession Case in Texas?

Texas drug possession laws are complex and provide limited exceptions to criminal charges. These narrowly defined exemptions include:

- Peyote use in the Native American Church;

- Denatured sodium pentobarbital used by a Humane Society or animal control agency;

- Certain forms of cannabinoids and drug paraphernalia for therapeutic research purposes; and

- Anabolic steroids intended for livestock.

What Drug Penalty Group are Anabolic Steroids?

Drug Penalty Group 3: Compounds in this category include anabolic steroids, benzodiazepines, Ritalin, Valium, and other prescription medications. According to the Texas Health & Safety Code statute § 481-117, penalties for possession start at a $4,000 fine, 1-year jail term, or both for 28 grams or less.

Possession of Controlled Substances in Texas: Understanding the Laws and Penalties

Texas has some of the toughest drug laws in the country, and penalties for possession of controlled substances are particularly strict. Knowing how much is a possession charge and what constitutes a first-time offense possession can be critical for anyone facing these kinds of charges, as well as understanding the differences between possession, drug trafficking, and other related offenses.

What is a Possession Charge?

In Texas, it is illegal to possess any type of controlled substance without a valid prescription or license. A possession charge occurs when an individual is found in illegal possession of drugs such as cocaine, heroin, crystal meth, ecstasy (MDMA), mushrooms, PCP, LSD, and other Schedule I controlled substances. This can include having actual physical contact with the drug or being aware that drugs are present on their person or property.

How Much Is a Possession Charge?

The severity of the penalty for a possession charge depends on several factors including weight, type of drug, and the number of prior convictions. For example, under Texas law, possession of illegal drugs can range from a Class C misdemeanor to a State Jail Felony, all the way up to a first-degree felony depending on these factors. The typical penalty for possessing less than one gram of a controlled substance is considered a state jail felony, with punishment ranging from 180 days to two years in jail and/or a fine up to $10,000. If an individual possesses 1-3.9 grams, the crime is a third-degree felony with a $10,000 fine and 2 to 10 years. 4–199 grams may be considered a second-degree felony, punishable by 2 to 20 years imprisonment and/or a fine up to $10,000. Possessing 200 to 399 grams is a first-degree felony with a fine of up to $10,000 and 5 to 99 years in prison. Possessing 400 grams or more is an “enhanced” first-degree felony with a fine of up to $10,000 and 10 to 99 years in prison. Remember that the recommended fine of up to $10, 000 is negotiable. An experienced Lawyer can help save you thousands of dollars in fines depending on the facts and circumstances surrounding your case.

Note: you may also have your driver’s license suspended if you agree to a plea deal for a POCS charge.

Difference Between Drug Trafficking & Possession Laws

In addition to understanding how much is a possession charge, it is also important to understand that there are differences between drug trafficking laws and possession laws in Texas.

Generally speaking, trafficking laws involve cases where there is evidence that an individual was involved in selling or distributing large amounts of drugs while possession laws involve cases where someone simply had illegal drugs on their person or property but was not involved in selling them. So while violations relating to both activities carry significant punishments, those associated with drug trafficking tend to be more severe due to larger quantities being involved in these cases.

Penalties for Possession Charges Involving Guns

It should also be noted that when it comes to gun ownership, individuals convicted for certain types of drug offenses including possessing less than one gram (1-3.9 grams) of a controlled substance may face further charges if they are found also carrying firearms at the time they were arrested or during any police searches conducted upon their property afterward.

Under Texas law, this may result in not only additional jail sentences but also increased fines, so it’s important for anyone facing these kinds of charges to understand what kind of punishments they might face if guns were present during the incident. How Do Federal Courts Calculate the Sentence for a Drug Conviction?

What are the Federal Drug Schedules?

Federal drug schedules break down controlled substances into the following categories:

- Schedule I Substances: Schedule I drugs are considered dangerous substances with no widely accepted medical use and a high potential for abuse. Under federal U.S. law, this includes drugs such as heroin, LSD, ecstasy, PCP, methaqualone (or Quaaludes,) peyote, and marijuana.

- Schedule II Substances: Schedule II drugs are considered dangerous substances with a high potential for abuse and which have a high chance of causing psychological and/or physical dependence. Under U.S. law, this includes drugs such as Vicodin, cocaine, methamphetamine, methadone, Dilaudid, Demerol, OxyContin, fentanyl, Dexedrine, Adderall, and Ritalin.

- Schedule III Substances: Schedule III drugs are considered potentially dangerous substances with a medium chance for abuse and a medium chance of causing psychological and/or physical dependence. Schedule III substances include ketamine, anabolic steroids, testosterone, and products containing less than 90 milligrams of codeine.

- Schedule IV Substances: Schedule IV drugs are considered potentially dangerous substances with a low chance of abuse and a low chance of causing psychological and/or physical dependence. Schedule IV substances include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.

- Schedule V Substances: Schedule V drugs are considered potentially dangerous drugs with a low potential for abuse and contain limited quantities of narcotics.

- Schedule IV substances include Lomotil, Motofen, Lyrica, Parepectolin, and cough medicines with less than 200 milligrams of codeine or per 100 milliliters.

Federal Penalties for Those Caught Trafficking Large Amounts of Drugs:

For charges related to smaller amounts of most Schedule I and Schedule II substances: A first offense may be punishable with a fine up to $5 million and/or a jail sentence ranging between 5 and 40 years in prison. A second offense may be punishable by a fine of up to $8 million and/or a jail sentence ranging between 10 years and life in prison.

For charges related to larger amounts of most Schedule I and Schedule II substances: A first offense may be punishable with a fine up to $10 million and/or a jail sentence ranging between 10 years and life in prison. A second offense may be punishable with up to $20 million in fines and/or a jail sentence ranging between 20 years and life and prison. A third offense may be punishable by $20 million in fines and/or a jail sentence of life in prison.

For charges related to Schedule I and II substances less severe than drugs including heroin, meth, cocaine, fentanyl, and LSD: A first offense may be punishable with a fine up to $1 million and/or a jail sentence of up to 20 years in prison. A second offense may be punishable with a fine of up to $2 million and/or a jail sentence of up to 30 years in prison.

For charges related to any amount of Schedule III substances: A first offense may be punishable with a fine of up to $500,000 and/or a jail sentence of up to 10 years in prison. A second offense may be punishable with up to $1 million in fines and/or up to 20 years in prison.

For charges related to any amount of Schedule IV substances: A first offense may be punishable with a fine of up to $250,000 and/or a jail sentence of up to 5 years in prison. A second offense may be punishable with a fine of up to $500,000 and/or a jail sentence of up to 10 years in prison.

For charges related to any amount of Schedule V Substances: A first offense may be punishable with a fine up to $100,000 and/or a jail sentence of up to 1 year in prison. A second offense may be punishable by a fine of up to $100,000 and up to 4 years in prison.

In Summary

Overall there are numerous complexities surrounding the type of possession charge and drug penalty groups and that possession of a controlled substance can be labeled, and frankly, it can be downright confusing and overwhelming.

If you find yourself alone in the legal system without legal representation and facing drug offenses of a state or federal nature, get peace of mind, contact the Law Offices of RRK today for your free consultation.

If you need more information regarding your family, criminal or personal injury law, please check out our other blog post on rrklawoffice.com/blog for more legal particulars.

Quick Reference:

What are the key elements of a drug crime related to controlled substance possession, and can a criminal defense lawyer assist in these cases?

In cases involving drug crimes and controlled substance possession, it's crucial to understand the legal terminology and potential charges. Here are some key elements and information related to these charges:

If you or someone you know is facing drug-related charges, it's essential to consult with an experienced criminal defense lawyer who can provide tailored advice and representation based on the specific circumstances of the case.

Lastly, we get a number of questions related to the following, so we thought we'd include it here for quick reference:

What's poss cs pg 1?

"Poss CS PG 1" is a legal term commonly used in Texas, and the acronym, sometimes confused with, poss cg pg1, stands for "Possession of a Controlled Substance, Penalty Group 1." This offense refers to the unlawful possession of drugs that fall under Penalty Group 1 as classified by the Texas Controlled Substances Act. Penalty Group 1 includes some of the most serious and dangerous controlled substances, such as opioids and opiates like heroin, cocaine, and methamphetamine.

Possessing a controlled substance listed under Penalty Group 1 is a serious offense in Texas and can result in severe legal consequences, including significant fines and potential imprisonment. The exact penalties depend on factors such as the type and amount of the substance, any prior criminal history, and other circumstances surrounding the case.

If you or someone you know is facing charges related to Poss CS PG 1, it's crucial to seek immediate legal representation from RR Law, the best criminal defense law firm in Texas. Our team of experienced attorneys specializes in handling a wide range of drug-related cases and will work tirelessly to protect your rights and build a strong defense strategy. We'll explore every available legal avenue to achieve the best possible outcome for your case, whether through negotiation or in a court of law. Contact us today for a consultation to discuss your situation and receive the expert guidance you need to navigate these challenging legal matters.