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Lubbock Drug Penalty Group 4

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The penalty that is applicable to drug crimes in Texas depends in part on the controlled substance involved in the crime. Most controlled substances other than marijuana are listed in a “penalty group.”

A lawyer can help defend you against any drug charges you may be facing and possibly mitigate the potential penalties you face. Make sure to contact one of the drug attorneys from Texas Criminal Defense Group as soon as possible to begin building the best defense possible for you.

Drugs in Penalty Group 4

The controlled substances in penalty group 4 typically contain small doses of narcotics in combination with other drugs (such as codeine in Tylenol 3.)

Different penalties apply to possession of a controlled substance than the penalties that apply to delivery, possession with intent to deliver, or manufacturing a controlled substance. Regardless of the crime, however, minimum sentences apply to crimes involving large quantities of drugs listed in penalty group 4.

Delivery, Possession with Intent to Deliver, or Manufacturing

The potential penalty for delivery, possession with intent to deliver, or manufacturing a controlled substance in penalty group 3 depends upon the weight of the controlled substance involved in the crime. Read our article on Weighing Controlled Substances to better understand how weight is determined.

  • Less than 28 grams. The crime is a state jail felony. Punishable by a state jail sentence of at least 180 days but not more than two years.
  • At least 28 grams but less than 200 grams. The crime is a second-degree felony. Punishable by a prison sentence of at least two years but not less than 10 years.
  • At least 200 grams but less than 400 grams. The crime is a first-degree felony. Punishable by a prison sentence of at least five years but not less than 20 years.
  • 400 grams or more. The crime is punishable by a prison sentence of not less than 10 years or more than 99 years. Or by a life sentence.

Enhancement for injury or death

If death or serious injury results from the ingestion of a controlled substance that the defendant delivered, the offense is increased by one degree unless —

  • the offense is a first-degree felony, or
  • the maximum sentence for the crime is life imprisonment.

Enhancement for crimes involving children

If a person under the age of 18 was used in the commission of the offense, the offense is increased by one degree unless —

  • the offense is a first-degree felony, or
  • the maximum sentence for the crime is life imprisonment.


If a person under the age of 18 was made to participate in the offense by the use or threat of force, the offense is a first degree felony unless —

  • the offense is already a first-degree felony, or
  • the maximum sentence for the crime is life imprisonment.

Simple Drug Possession Penalties

The potential penalty for possession of a controlled substance listed in penalty group 4 depends on the amount of the drug that was possessed.

  • Less than 28 grams. The crime is a Class B misdemeanor. Punishable by a jail sentence of not more than 180 days and/or a fine.
  • At least 28 grams but less than 200 grams. The crime is a third-degree felony. Punishable by a prison sentence of not less than two years or more than 10 years.
  • At least 200 grams but less than 400 grams. The crime is a second-degree felony. Punishable by a prison sentence of not less than two years or more than 20 years.
  • 400 grams or more. The crime is punishable by a prison sentence of not less than five years or more than 99 years. Or by a life sentence.

How a Lawyer Can Help

Drugs listed in Drug Penalty Group 4 are not usually sold or possessed illegally, but prosecutions for crimes involving those drugs do occur. If you are accused of a drug crime, call Texas Criminal Defense Group to discuss your case today.

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