A controlled substance is the legal term used for drugs, including both illegal drugs and prescription drugs. The laws and penalties for possession of a controlled substance are outlined in The Texas Health and Safety Code.

What Is Considered Possession?

The Texas Health and Safety Code outlines possession to include unlawful custody or control over any controlled substance. You can be charged with possession if law enforcement believes you knowingly or intentionally possessed an illegal drug or a prescription drug without a prescription.

Penalty Group

In Texas, drugs are categorized into different penalty groups, with marijuana treated separately. The range of punishment depends on the quantity of the drugs and what penalty group the drugs fall under. Penalty Group 1 includes highly addictive drugs like heroin and cocaine, with the harshest penalties. Penalty Group 4 covers substances used to create narcotics or prescription drugs and carries more lenient sentences. However, all groups involve felony charges that can lead to prison time. The followings is a general list of each penalty group and the applicable punishment range for each:

Penalty Group 1

• Methamphetamine
• Crack/Cocaine
• Heroin
• Ketamine
• Oxycodone
• Codeine
• Opium
• Methadone

Punishment for Possession of Controlled Substance – Penalty Group 1

• Less than a gram is a state-jail felony, which carries a range of punishment from 180 days to 2 years and/or a fine not to exceed $10,000
• 1 to 4 grams is a third-degree felony, which carries a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 4 to 200 grams is a second-degree felony, which carries a punishment range of 2 to 20 years in prison and/or a fine not to exceed $10,000
• 200 to 400 grams is a first-degree felony with a punishment range of 5 to 99 years in prison and/or a fine not to exceed $100,000
• 400 or more grams is an enhanced first-degree felony, with a punishment range of 10 to 99 years or life in prison and a fine not to exceed $100,000

Penalty Group 1-A is LSD (or acid). Texas law calculates LSD by dosage (units) instead of weight. The punishment range for possession of LSD is as follows:

• Fewer than 20 units is a state jail felony with a punishment range of 180 days to 2 years in state and/or a fine not to exceed $10,000
• 20 to 80 units is a third-degree felony with a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 80 to 4000 units is a second-degree felony with a punishment range of 2 to 20 years in prison and/or a fine not to exceed $10,000
• 4000 to 8000 units is a first-degree felony with a punishment range of 5 to 00 years in prison with a fine not to exceed $100,000

Penalty Group 1-B is Fentanyl, the punishment range for fentanyl is as follows: 

• Less than a gram is state jail felony with a punishment range of 180 days to 2 years in state and/or a fine not to exceed $10,000
• 1 to 4 grams is a third-degree felony, which carries a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 4 to 200 grams is a second-degree felony, which carries a punishment range of 2 to 20 years in prison and/or a fine not to exceed $10,000
• 200 to 400 grams is a first-degree felony with a punishment range of 5 to 99 years in prison and/or a fine not to exceed $100,000
• 400 or more grams is an enhanced first-degree felony, with a punishment range of 10 to 99 years or life in prison and a fine not to exceed $100,000

Penalty Group 2

• MDMA, Molly, Ecstacy
• PCP
• Adderall
• Mushrooms
• THC (Tetrahydrocannabinol)
• Bath Salts
• Mescaline

The punishment range for penalty group 2 drugs is as follows: 

• Less than a gram is a state-jail felony, which carries a range of punishment from 180 days to 2 years and/or a fine not to exceed $10,000/
• 1 to 4 grams is a third-degree felony, which carries a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 4 to 400 grams is a second-degree felony, which carries a punishment range off 2 to 20 years in prison and/or a fine not to exceed $10,000
• 400 grams or more is a enhanced first-degree felony, which carries a punishment range of 5 to 99 years in prison and/or a fine not to exceed $50,00

Penalty Group 2-A is synthetic marijuana, the punishment range for synthetic marijuana is as follows: 

• Less than two ounces is a Class B misdemeanor, with a punishment range of up to 180 days in jail and a fine of up to $2000
• 2-4oz is a Class A misdemeanor, with up to a year in jail and a fine not to exceed $4000
• 4oz to 5lbs is a state-jail felony, with a punishment range of up to 180 days to 2 years in state jail and/or a fine not to exceed $10,000
• 5 to 50lbs is a third-degree felony, with a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 50 to 2000lbs is a second-degree felony with a punishment range of 2 to 20 years in prison and/or a fine not to exceed $10,000
• 2000lbs or more is a enhanced first-degree felony with a punishment range of 5 to 99 years or life in prison, and a fine not to exceed $50,000

Penalty Group 3: 

• Valium
• Xanax
• Clonazepam
• Diazepam
• Hydrocodone less than 15mg
• Codeine less than 90mg
• Lorazepam
• Zolpidem
• Ritalin
• Testosterone
• HGH (Human Growth Hormone)

The punishment range for penalty group 3 is as follows: 

• Less than 28 grams is a Class A misdemeanor with a punishment range of up to a year in the county jail and a fine not to exceed $4000
• 28 to 200 grams is a third-degree felony with a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 200 to 4000 grams is a second-degree felony with a punishment range of 2 to 20 years in prison and/pr a fine not to exceed $10,000
• 400 grams or more is an enhanced first-degree felony with a punishment range of 5 to 99 years or life in prison, and a fine not to exceed $50,000.

Penalty Group 4 is generally prescription medications, including: 

• Morphine
• Motofen
• Opium

The punishment range for penalty group 4 drugs is as follows: 

• Less than 28 grams is a Class A misdemeanor with a punishment range of up to a year in the county jail and a fine not to exceed $4000
• 28 to 200 grams is a third-degree felony with a punishment range of 2 to 10 years in prison and/or a fine not to exceed $10,000
• 200 to 4000 grams is a second-degree felony with a punishment range of 2 to 20 years in prison and/pr a fine not to exceed $10,000
• 400 grams or more is an enhanced first-degree felony with a punishment range of 5 to 99 years or life in prison, and a fine not to exceed $50,000.

Potential Defenses

The prosecution must prove that you knowingly or intentionally possessed a controlled substance. A valid defense is a lack of knowledge, meaning you were unaware that you had the drugs or that what you possessed was a controlled substance.

For prescription drugs, a defense exists if your doctor prescribed them before your arrest. In some cases, drugs intended for animals, with proper authorization, can also serve as a defense.

Charged with Possession? Contact Barton & Associates, Attorneys At Law, PLLC Today

At Barton & Associates, Attorneys at Law, PLLC, we provide an aggressive legal defense for our clients because we believe they deserve a fair result. To discuss your case and how we can help, contact us today to schedule a consultation.