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. A conviction for a drug 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 license was suspended for a drug-related offense, you will need to complete a 15-hour Drug Education Program before DPS will reinstate your license.
A controlled substance is a drug or chemical whose use and distribution is tightly controlled because of its abuse potential or risk.
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.
Pursuant to Code of Criminal Procedure 42.551, probation is mandatory for a person convicted of a State Jail Felony who has no prior felony convictions, if the current charge is for:
Probation for these offenses is not mandatory if the person had a previous felony conviction or was already on deferred for this offense.
| POCS PG 1 | Possession of a Controlled Substance Penalty Group 1 |
| POCS PG 1-A | Possession of a Controlled Substance Penalty Group 1-A |
| POCS PG 2 | Possession of a Controlled Substance Penalty Group 2 |
| POCS PG 2-A | Possession of a Controlled Substance Penalty Group 2-A |
| POCS PG 3 | Possession of a Controlled Substance Penalty Group 3 |
| POCS PG 4 | Possession of a Controlled Substance Penalty Group 4 |
| DFZ | Drug Free Zone |
| POMu2 | Possession of Marijuana under 2 Oz |
Most opiates and opiate derivatives fall into Penalty Group 1 including:
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 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 grams | Third Degree | 2 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 grams | Second Degree | 2 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 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 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 Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 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 units | Third Degree | 2 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 units | Second Degree | 2 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 unites | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 unites or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
Most hallucinogens fall into Penalty Group 2, including:
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 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 grams | Third Degree | 2 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 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 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 Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 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 pounds | Third Degree | 2 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 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Stimulants in Penalty Group 3 include:
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 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 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Narcotics in Penalty Group 4 include:
| Possession of Controlled Substance Penalty Group 4 (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 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 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
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.
An allegation of delivery or manufacture of controlled substance in Texas carries stiffer penalty ranges than allegations of possession of a controlled substance. These offenses are codified in Texas Health and Safety Code beginning at Section 481.112.
“Deliver” means to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.
Delivery can be actual or constructive. An example of actual delivery is hand-to-hand delivery. Constructive delivery could be giving someone access to a storage unit that contains drugs.
Possession with the intent to deliver carries the same punishment range as manufacturing or actually delivering a controlled substance in Texas. Possession with the intent to deliver cases are often alleged that way based on circumstantial evidence such as how the drugs were packaged, the presence of notes or text messages that suggest a sale, or the presence of items like scales and baggies.
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-200 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
| Over 400 grams | First Degree | 15-99 years or life in Prison | Fine up to $250,000 |
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Less than 20 units | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 20-79 units | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 80-3,999 units | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| 4,000 units or more | First Degree | 15-99 years or life in Prison | Fine up to $250,000 |
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 1 gram | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 1-4 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 4-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 28 grams | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 28 grams to 200 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
| Drug Amount | Offense Level | Punishment Range | Fine Range |
|---|---|---|---|
| Under 28 grams | State Jail | 180 days – 2 years State Jail | Fine up to $10,000 |
| 28 grams to 200 grams | Second Degree | 2-20 years in Prison | Fine up to $10,000 |
| 200-400 grams | First Degree | 5-99 years or life in Prison | Fine up to $10,000 |
| Over 400 grams | First Degree | 10-99 years or life in Prison | Fine up to $100,000 |
The punishment ranges are further enhanced if it is shown that a child under the age of 18 was present at the time of the manufacture of a substance in Penalty Group 1.
