Posesión de una sustancia controlada

Possession of a controlled substance in Texas refers to the unlawful custody, care, or control over drugs categorized into various penalty groups. Possession of a Controlled Substance in Texas as a criminal offense is spelled out in Chapter 481 of the Texas Health and Safety Code, with the Penalty Groups (PG 1, 1-A, 1-B, 2, 2-A, 3, and 4) defined in Subchapter B and the offense and penalties laid out in Subchapter D. Under Texas Health and Safety Code Sections 481.115 – 481.118, the categorization of substances into penalty groups is based on potential for abuse and accepted medical use, although this has often been the center of much debate. Penalties for drug possession in Texas vary depending on the type and amount of the substance, ranging from a Class B misdemeanor to enhanced first degree felonies carrying up to life in prison.

The punishment for drug possession in Texas depends on which penalty group the drug falls into and the quantity of the drugs. There are nine drug penalty groups under Texas law (PG1, PG1-A, PG1-B, PG-2, PG-2A, PG-3, PG-4, Dangerous Drugs, and Marijuana). Drugs are categorized according to their addictive nature and whether they have any accepted medical purpose (as determined by the Texas legislature, at least).

One of the challenges with the penalty groups in Texas is that if you look at Chapter 481 of the Texas Health and Safety Code, all of the drugs are listed by their chemical names. Even a common drug like methamphetamine can be difficult to find unless you know the exact chemical compound you are looking for. To address this challenge, we have put together the first and only comprehensive list of chemical names and street names for drugs in Texas penalty groups. You can find it in the PDF below:

Drug possession charges are extremely common in Texas, but not all drugs are treated equally. Possessing four grams of methamphetamine, for example, is punished much more harshly than possessing a marijuana joint. That’s because all controlled substances fall into penalty groups in Texas, with Penalty Group 1 being the most addictive and dangerous in the eyes of the law.

Methamphetamine is in Penalty Group 1, along with crack and heroin. Marijuana — which, yes, is still illegal in Texas — is in its own, less serious penalty group. Fentanyl was recently moved to its own penalty group: 1-B.

Even though some penalty groups carry harsher penalties, it’s important to realize that any Texas drug possession charge can negatively impact your life, resulting in jail time, fines, license suspensions, and a permanent criminal record.

Here’s a look at the penalty groups in Texas and answers to the most frequently asked questions about drug possession charges across the state.

A controlled substance is a drug or chemical whose use and distribution is tightly regulated by state and federal law because of its abuse potential or risk. This can include illicit drugs or prescription medications.

Under Chapter 481 of the Texas Health and Safety Code — also known as the Texas Controlled Substances Act — an individual can be charged with possession of a controlled substance if he or she knowingly or intentionally possesses any of the substances listed in the penalty groups without a valid prescription from a doctor. This includes drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances, and natural substances.

Controlled substances are 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. Drugs are categorized into Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, and 4. Marijuana is in its own separate category, with its own penalties.

Before we go into detail about the various penalty groups for drugs in Texas, here’s a general overview:

PG1 – Opiates, cocaine, meth, GHB, and ketamine.
PG1A – LSD
PG1B – Fentanyl
PG2 – Hallucinogens, including THC and central nervous system depressants
PG2-A – Synthetic marijuana/cannabinoids
PG3 – Stimulants and depressants like Ritalin, benzos, Xanax
PG4 – Narcotics that include codeine and morphine but have medical value

In Texas, drugs are classified into Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, and 4. Here’s a breakdown of each group and their punishment ranges:

The drugs in Penalty Group 1 are the most heavily regulated in Texas, as the legislature has determined they have no accepted medical use. They include the most dangerous and addictive drugs, including:

• Cocaína
• Crack
• Heroína
• Metanfetamina
• Special K - Ketamina
• Oxycontin (Oxicodona)
• Codeína
• GHB
• Opio
• Metadona
• Hidrocodona de más de 300 gramos (incluida en Vicodin)

The only controlled substance in Penalty Group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.

The only controlled substance in Penalty Group 1-B is Fentanyl, along with its isomers and analogs.

Fentanyl is a focus of prosecutors across the state of Texas. Texas has launched a War on Fentanyl. Prosecutors look for a way to file these as manufacturing or delivery charges and are also filing the newest fentanyl charge: fentanyl murder.

Penalty Group 2 drugs are slightly less dangerous than Group 1 in the eyes of the Texas legislature. Most hallucinogens fall into Penalty Group 2 and include:

• MDMA, Molly, Éxtasis
• Sales de baño (Muchas sales de baño)
• Adderall (Dextroanfetamina)
• PCP (fenciclidina, polvo de ángel)
• Mescalina (Peyote)
• Setas (Psilocibina)
• Proposed legislation: Flakka (alpha-PVP)
• THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas and Delta 8 THC, Delta 9 THC, Delta 10 THC and THCA in Texas
• "Análogos" de las drogas del grupo penal 2 (drogas de diseño químicamente similares a una droga de la lista y que producen efectos similares)

Penalty Group 2-A is made up of synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.

El grupo penal 3 incluye muchas sustancias controladas que son depresoras o estimulantes, como:

• Valium
• Xanax (Alprazolam)
• Clonazepam
• Diazepam
• Hidrocodona menos de 15mg/dosis o menos de 300 mg
• Codeína menos de 90mg/dosis
• Lorazepam
• Zolpidem
• Ritalin
• Testosterona
• HGH (hormona del crecimiento humano)

Penalty Group 4 is made up of a wide range of controlled prescription medications that carry the potential for abuse, including:

• Opio
• Morfina
• Motofen
• Drogas peligrosas

Common defenses for Texas drug possession charges stem from improper searches and seizures, as well as issues that arise during the chain of custody of the evidence. Other defenses include challenges to the affirmative link between the defendant and the substance, lack of knowledge, lab testing errors, and constructive vs. actual possession issues. There are also a number of diversion programs available in most Texas counties, both for the first-time offender and for offenders who are ready to make a substantial change in their lives.

Most drug cases that end well end the same few ways. The first is suppression: the majority of possession cases begin with a traffic stop or a search, and if the stop was not supported by reasonable suspicion or the search exceeded what the law allows, the evidence can be thrown out — and without the drugs, there is no case. The second is the possession element itself: the State must prove you knowingly exercised care, custody, control, or management over the substance. Drugs found in a shared car, a borrowed jacket, or a roommate’s apartment are not automatically yours, and the State’s need to prove “affirmative links” between you and the contraband is a real hurdle. The third is the lab: substances must be tested and weighed, and lab backlogs, chain-of-custody problems, and aggregate-weight disputes create leverage. Finally, for many first-time offenders the exit is a diversion program or deferred adjudication that keeps a conviction off your record — and in some cases leaves the arrest eligible for expunction.

Did you know that certain possession of controlled substance charges in Texas cannot result in a jail or prison sentence?

Pursuant to Texas Code of Criminal Procedure Article 42A.551, probation is mandatory for a person convicted of a state jail felony who has no prior felony convictions, if the current charge is for:

• Posesión de una sustancia controlada u/1 gramo Grupo Penal 1 481.115(b)
• Posesión de una sustancia controlada de menos de 5 unidades, Grupo Penal 1-A 481.1151(b)(1)
• Possession of a Controlled Substance u/1Gram Penalty Group 2 481.116(b)
• Possession of a Controlled Substance 4oz to 5 lbs, Penalty Group 2-A 481.1161(b)(3)
• Possession of Marijuana 4oz to 5 lbs, 481.121(b)(3)
• Possession of a Prescription Form, 481.129(g)(1)

Probation for these offenses is not mandatory if the person had a previous felony conviction or was already on deferred adjudication for this offense.

A conviction for a Texas drug possession charge will result in a one-year license suspension if you are under 21. If you are over 21, a drug conviction will result in a six-month license suspension. If your driver’s license was suspended for a drug-related offense, you will need to complete a 15-hour Drug Education Program before the Texas Department of Public Safety (DPS) will reinstate your license.

Drug cases are filed and tried county by county, and outcomes turn on who the prosecutors are, how the local courts run, and which diversion programs exist there. Our criminal defense team defends drug charges across Texas. Talk to a Fort Worth drug lawyer, a Dallas drug possession lawyer, a Houston drug lawyer, a Denton County drug lawyer, a Fort Bend County drug lawyer, or a Collin County drug lawyer today.

If you or a loved one is facing a Texas drug possession charge, it’s imperative to have a skilled, aggressive drug crime lawyer in your corner. We can help. Our team has decades of experience and a record of exceptional results handling all types of drug crimes across Texas. If there is an issue with your case, we will find it and fight for you every step of the way.

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