Texas Penal Code along with the Texas Health and Safety Code and the Controlled Substances Act of 1970 regulates the production, possession, use of prescription drugs and illicit drugs such as marihuana, cocaine, heroin, and numerous others. As such, Texas prescribes some of the harshest laws in the US.

We have previously covered a more general topic related to controlled substances in another blog post, and now we want to provide you with detailed information about the history of the Controlled Substances Act of 1970, various controlled substances schedules, and relevant penalty groups.

Controlled Substances Act of 1970

Signed in the 1970 by President Richard Nixon, The Controlled Substances Act constitutes a federal drug policy that prescribes the laws related to the import, production, possession, distribution, and use of substances such as anabolic steroids, depressants, hallucinogens, and narcotics.

Over the course of over fifty years of the Act’s existence, agencies such as the U.S. Drug Enforcement Agency (DEA), U.S. Food and Drug Administration (FDA), and the Department of Health and Human Services have been entitled to any changes, amendments, or erasures of medications and scheduled substances.

Schedule 1 of the Controlled Substance Act

This group includes marijuana (or marihuana under Texas law), heroin, ecstasy, magic mushrooms, LSD, and Peyote.

Schedule 2 of the Controlled Substance Act

Certain barbiturates, cocaine, methadone, methamphetamine, morphine, opium, Oxycontin, Percocet, Percodan, pure Codeine and Hydrocodone, Ritalin and PCP belong to this group.

Schedule 3 of the Controlled Substance Act

Drugs such as anabolic steroids, Codeine, Ketamine, Lortab, Lorcet, Marinol, and Vicodin belong to this group.

Schedule 4 of the Controlled Substance Act

Darvon, Darvocet, Xanax, and Valium are recognized as Schedule 4 drugs under Texas law.

Schedule 5 of the Controlled Substance Act

Treatments used to cure diarrhea and cough suppressants with codeine belong to this group.

Texas Controlled Substance Penalty Groups

Marijuana

To this date, there are six penalty groups (PG1, PG1A, PG2, PG2A, PG3, and PG4), each of which has a different classification and penalty depending on whether the case is about manufacturing or substance possession. This means that penalties are determined based on the penalty group, but also based on other factors such as the amount of substances that was produced or found in a person’s possession.

To understand the Act better, let’s take a closer look at the classification of substances and their schedules.

Possession of a Controlled Substance - Penalty Group 1

Penalty group 1 mainly consists of so called recreational narcotics such as: cocaine, mescaline, methamphetamine, hallucinogens (mushrooms with psilocybin), opiates and opium derivatives (heroin and the like), opioids (oxycodone, hydrocodone, codeine). Substances belonging to the PG-1 are heavily controlled.

Less than 1g:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty for Manufacture, Delivery, or Possession: between 180 days and 2 years in jail and a fine of up to $10,000

1g-4g:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and a fine up to $10,000

4g-200g:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and a fine up to $10,000

200-400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years in prison and a fine up to $100,000
  • Penalty for Possession: between 5 and 99 years in prison and a fine up to $10,000

Over 400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: Enhanced Felony 1
  • Penalty for Manufacture or Delivery: between 15 and 99 years in state prison and a fine ut to $250,000
  • Penalty for Possession: between 10 and 99 years in state jail and a fine up to $100,000

Possession of a Controlled Substance - Penalty Group 1-A

LSD and its isomers, salts, and isomer salts belong to the PG 1-A. Unlike the substances belonging to the other PGs, LSD is not quantified by its physical weight, but by units. A unit is one dose or one square of LSD.

Less than 20 units:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty for Manufacture, Delivery, or Possession: between 180 days and 2 years in jail and a fine of up to $10,000

20-80 units:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and a fine up to $10,000

80-4000 units:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and a fine up to $10,000

4000-8000 units:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years in prison and a fine up to $100,000
  • Penalty for Possession: between 5 and 99 years in prison and a fine up to $10,000

Over 8000 units:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: Enhanced Felony 1
  • Penalty for Manufacture or Delivery: between 15 and 99 years in state prison and a fine ut to $250,000
  • Penalty for Possession: between 10 and 99 years in state jail and a fine up to $100,000

Possession of a Controlled Substance - Penalty Group 2

This group includes substances such as ecstasy, PCP, mescaline, as well as some other hallucinogens.

Less than 1g:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty for Manufacture, Delivery, or Possession: between 180 days and 2 years in jail and a fine of up to $10,000

1g-4g:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and a fine up to $10,000

4g-400g:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and a fine up to $10,000

Over 400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years in state prison and a fine ut to $100,000
  • Penalty for Possession: between 5 and 99 years in state jail and a fine up to $50,000

Possession of a Controlled Substance - Penalty Group 2-A

Substances that are used as substitutes for cannabinoids such as K2 and spice belong to this group.

Less than 1g:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty  for Manufacture or Delivery: between 180 days and 2 years in jail and a fine of up to $10,000
  • Possession of less than 2 ounces is a Class B Misdemeanor, punishable with up to 180 days in county jail and a fine of up to $2,000

1g-4g:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Possession of between 2 and 4 ounces is classified as a Class A Misdemeanor punishable with up to 1 year in a county jail and a fine up to $4,000

4g-400g:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for possession for between 4 and 5 ounces is a State Jail Felony of between 180 days and 2 years in a state jail and a fine up to $10,000

Over 400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Penalty for Manufacture or Delivery: between 10 and 99 years in state prison and a fine ut to $100,000
  • Penalty for Possession of between 5 – 50 pounds: 3rd Degree Felony – between 2 and 10 years in prison and a fine up to $10,000
  • Possession of between 50 – 2,000 pounds: 2nd Degree Felony – between 2 and 20 years in state prison and a fine up to $10,000
  • Possession of over 2,000 pounds: 1st Degree Felony – between 5 and 99 years in prison and a fine up to $50,000
Various illegal drugs

Possession of a Controlled Substance - Penalty Group 3

Penalty group 3 includes anabolic steroids, sedatives such as Valium, prescription drugs with depressant or stimulant effect, methylphenidate (Ritalin), and benzodiazepines.

Less than 28g:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty for Manufacture or Delivery: between 180 days and 2 years in jail and a fine of up to $10,000
  • Classification for Possession: Class A Misdemeanor
  • Penalty for Possession: Up to 1 year in a county jail plus a fine of up to $4,000

28g-200g:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and a fine up to $10,000

200g-400g:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and a fine up to $10,000

Over 400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years in state prison and a fine ut to $100,000
  • Penalty for Possession: between 5 and 99 years in state jail and a fine up to $50,000

Possession of a Controlled Substance - Penalty Group 4

Various substances, prescription drugs, opiates and opioids (those not listed in PG1 and PG3) with an abuse potential belong to this group.

Less than 28g:

  • Classification for Manufacture or Delivery: State Jail Felony
  • Penalty for Manufacture or Delivery: between 180 days and 2 years in jail and a fine of up to $10,000
  • Classification for Possession: Class B Misdemeanor
  • Penalty for Possession: Up to 1 year in a county jail plus a fine of up to $4,000

28g-200g:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and a fine up to $10,000

200g-400g:

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and a fine up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and a fine up to $10,000

Over 400g:

  • Classification for Manufacture or Delivery: Enhanced Felony 1
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years in state prison and a fine ut to $100,000
  • Penalty for Possession: between 5 and 99 years in state jail and a fine up to $50,000

Possession of a Controlled Substance - Marijuana (Marihuana)

While its medical and recreational use is legal in many states, marijuana/marihuana is illegal in Texas and belongs to a separate group.

¼ ounce given, not sold (manufacture and delivery) or up to 2 ounces (possession)

  • Penalty for Manufacture, Delivery, Possession: up to180 days in a county jail and/or a fine of up to $2,000
  • Classification for Manufacture, Delivery, Possession: Class B Misdemeanor

¼ ounce for sale (manufacture and delivery) or 2-4 ounces (possession)

  • Penalty for Manufacture, Delivery, Possession: Up to 1 year in a county jail and/or a fine of up to $4,000
  • Classification for Manufacture, Delivery, Possession: Class A Misdemeanor

¼ ounce-5 pounds for sale (manufacture and delivery) or 4 ounces to 5 pounds (possession)

  • Classification: State Jail Felony
  • Penalty for Manufacture or Delivery: Between 180 days and 2 years in jail and/or a fine of up to $10,000
  • Penalty for Possession: Up to 2 year in jail and/or a fine of up to $10,000

5-50 pounds:

  • Classification for Manufacture or Delivery: 2nd Degree Felony
  • Classification for Possession: 3rd Degree Felony
  • Penalty for Manufacture or Delivery: between 2 and 20 years in prison and/or a fine of up to $10,000
  • Penalty for Possession: between 2 and 10 years in prison and/or a fine of up to $10,000

50-2000 pounds (1 ton):

  • Classification for Manufacture or Delivery: 1st Degree Felony
  • Classification for Possession: 2nd Degree Felony
  • Penalty for Manufacture or Delivery: between 5 and 99 years in prison and/or a fine of up to $10,000
  • Penalty for Possession: between 2 and 20 years in prison and/or a fine of up to $10,000

Over 2000 pounds:

  • Classification for Manufacture or Delivery: Enhanced 1st Degree Felony
  • Classification for Possession: 1st Degree Felony
  • Penalty for Manufacture or Delivery: between 10 and 99 years and a fine of up to $100,000
  • Penalty for Possession: between 5 and 99 years in prison and a fine of up to $10,000

Reach Out to an Experienced Criminal Defense Attorney Today

Contact Benjamin Gergen at (512) 614-4412 with any inquiries or questions related to the controlled substances possession defense. A seasoned criminal defense attorney will be able to discern all the nuances of your case, provide free consultations, and eventually devise a solid defense strategy.