Drug Possession Charges by Penalty Group
Drug-related incidents are quite common in Texas, though the regulations differ for various types of drugs.
The trouble you get into for having drugs in Texas depends on which drug penalty group are in and how much you have. Texas Drug Law identifies drug groups: PG1, PG1-A, PG1-B, PG-2, PG-2A, PG-3, PG-4, and marijuana is in a different group with its own rules.
Understanding the Drug Penalty Group and its Charges
Drug Penalty Group 1
This sanction category encompasses substances considered to be highly hazardous and addictive, like cocaine and heroin.
State Jail Felony
Should one be found in possession of drugs less than 1 gram, the penalty could be imprisonment for a period between 180 days and 2 years, along with a fine that could amount to as much as $10,000.
3rd Degree Felony
Possessing a drug quantity between 1-4 grams can result in a prison sentence of 2 to 10 years and a maximum fine of $10,000.
2nd Degree Felony
Possessing a drug quantity ranging from 4 to 200 grams can result in a prison sentence of 2 to 20 years and a maximum fine of $10,000.
1st Degree Felony
If you possess between 200-400 grams of drugs, you could face a sentence ranging from 5 to 99 years in prison, along with a potential fine reaching up to $10,000.
Enhanced Felony 1
Possessing over 400 grams of drugs carries a punishment of 10 to 99 years of incarceration and a potential fine of up to $10,000.
Drug Penalty Group 2
Common drugs that might cause hallucinations, such as phencyclidine (PCP), amphetamines, and ecstasy, fall within this group.
State Jail Felony
Possessing less than 1 gram of a controlled substance can result in a jail term of 180 days to 2 years and a maximum fine of $10,000.
3rd Degree Felony
Possessing a drug quantity between 1-4 grams can result in a prison sentence of 2 to 10 years and a maximum fine of $10,000.
2nd Degree Felony
Possessing a drug quantity ranging from 4 to 400 grams can result in a prison sentence of 2 to 20 years and a maximum fine of $10,000.
1st Degree Felony
Possessing over 400 grams of drugs carries a punishment of 5 to 99 years of incarceration and a potential fine of up to $50,000.
Drug Penalty Group 3
Benzodiazepines, diazepam (Valium), and methylphenidate (Ritalin) are examples of drugs that either slow you down or make you more energetic.
Class A misdemeanor
Possessing less than 28 grams of drugs can result in a punishment of up to 1 year in prison and a maximum fine of $4,000.
3rd Degree Felony
Possessing drugs weighing between 28 and 200 grams could result in a prison sentence ranging from 2 to 10 years, along with a maximum fine of $10,000.
2nd Degree Felony
Possessing drugs between 200-400 grams can result in a sentence of 2 to 20 years imprisonment and a maximum penalty of $10,000.
1st Degree Felony
Possessing over 400 grams of drugs carries a punishment of 5 to 99 years of incarceration and a potential fine of up to $50,000.
Drug Penalty Group 4
This category contains a mix of prescription medications and controlled chemicals because they can be abused and lead to addiction.
Class B misdemeanor
Possessing a controlled substance of less than 28 grams can result in a maximum sentence of 6 months in prison and a fine not exceeding $2,000.
3rd Degree Felony
Possessing a drug quantity between 28 and 200 grams can result in a 2 to 10-year prison sentence and a maximum fine of $10,000.
2nd Degree Felony
Possessing between 200-400 grams of drugs can result in a prison sentence ranging from 2 to 20 years, coupled with a fine not exceeding $10,000.
1st Degree Felony
Over 400 grams of drugs means 5-99 years in prison and a fine up to $50,000.
Illegal Possession of Marijuana
According to Texas law, marijuana is categorized differently for drug charges. While other states have legalized marijuana, it is still illegal in Texas.
If you’re found with a small quantity, like just a bit of marijuana, you might be facing a misdemeanor charge. It’s not exactly a slap on the wrist, but it’s considered less serious. However, if the amount in your possession is more than 2,000 pounds here – things escalate dramatically.
In such cases, you could be looking at a felony charge, which is a really serious deal. If convicted, the penalties can be harsh, resulting in a lengthy imprisonment of up to 99 years.
Arrested? Don’t Plea, Call Me!
While certain groups have harsher penalties, keep in mind that all drug offenses in Texas can ruin your life. You might end yourself in jail, paying fines, losing your license, and accumulating a criminal record.
If you’re facing a drug offense charge, you should reach out to a criminal defense lawyer. We know how the legal stuff works and can help you get the best outcome. We’ll provide you with sound counsel and defend you in court.
We will make every effort to ensure that the charges have the least possible impact on your life and future. While the law might be puzzling, having a capable criminal defense attorney can truly impact your case.