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 controlled substance is a drug or chemical whose use and distribution is tightly controlled because of its abuse potential or risk.
Before we go into detail about the various penalty groups for drugs in Texas, here’s a general overview of the penalty groups:
PG1 – Opiates, cocaine, meth, GHB, fentanyl, and ketamine.
PG1A – LSD
PG2 – Hallucinogens, including THC, central nervous system depressants
PG2-A – Synthetic marijuana/cannabinoids
PG3 – Stimulants like Ritalin, benzos, Xanax
PG4 – Narcotics that include codeine, morphine but have medical value
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.
| 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.
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.
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’s 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.
