When it comes to drug crimes, Texas has some of the most strict drug laws in the United States. The laws as outlined in the Texas Penal Code, the Texas Controlled Substances Act, and the Health and Safety Code are also complicated, especially for people without a legal background. Accordingly, it is often difficult for drug offenders to know all the considerations impacting the nature of their drug charges, including penalty groups and drug schedules, and what to do if facing a possession charge.
Penalty Groups for Drugs in Texas
Depending on the nature and severity of your drug crime, some of the punishments you are likely to face if the court convicts you include:
- Imprisonment
- Hefty monetary fines
- Probation
- Mandatory drug addiction treatment and counseling
- Suspension or revocation of your driver’s license
However, the nature of punishment will depend on the related drug classification under the Texas penalty groups. The penalty groups are similar to the federal drug schedules, where each state has its classification. The penalty group under Texas State laws includes:
- Penalty Groups 1 and 1-A: This classification includes drugs like Cocaine, LSD, Heroin, Crystal meth, and Codeine.
- Penalty Group 2: It includes drugs like Ecstasy, Phencyclidine (PCP), Hashish, and other cannabinoids from marijuana.
- Penalty Group 3: The illegal drugs under this classification include Valium, Anabolic Steroids, Xanax, Benzodiazepines, and Ritalin
- Penalty Group 4: It includes opioids and opiates not listed in groups 1 or 3
- Marijuana
The numbering system groups controlled substances in order of potential legitimate medicinal use and the likelihood of abuse. The lower the number, the higher the likelihood that the drug or controlled substance has no legitimate use and is likely to lead to abuse. For instance, drugs or substances in penalty group 1 are more likely to lead to abuse than those in penalty group 3.
Additionally, most drugs in the higher number groups have some legitimate use and are available through prescriptions. However, these are still subject to Texas laws on illegal drugs and may have restrictions, including age, possession amounts, and who can sell.
Texas Drug Crimes and Related Penalties
The Texas Controlled Substances Act groups drug offense penalties according to the type of drug with charges varying based on the type of substance or drug in question. The other consideration includes the amount or quantity of drugs and the type of illegal activity. For instance, the court may charge you with trafficking instead of possession if found with large amounts of a controlled substance. Typically, the law considers possession a lesser crime than trafficking. The varying types of penalties based on the penalty groups include:
Penalty Group 1: For offenses involving drugs in this group, the penalties include 180 days to 2 years in jail. However, the jail or prison term can go up to a life sentence for possession charges of 400 grams or more.
Penalty Group 2: Charges in this group attract several penalties, including 180 days to 2 years in jail (for possession of less than one gram). A possession charge of 400 grams or more can attract the maximum life sentence penalty.
Penalty Group 3: The penalties for offenses in this group include 180 days to 2 years in jail and a fine of up to $10,000. For possession of 400 grams or more, an offender risks life imprisonment.
Penalty Group 4: Penalties for this group are similar to those for group 3.
Marijuana Group: The minimum penalties for this group can be probation and mandatory drug treatment. However, you risk getting 180 days in jail and a $2,000 fine for possessing up to 2 ounces of marijuana. Possession of more than 2 ounces can attract a jail sentence of 1 to 10 years and fines over $4,000.
Contact a Texas Drug Crimes Defense Attorney
Besides the severity of different Texas drug charges varying depending on different factors, including the penalty group, Texas drug laws are complicated. With Texas aggressively prosecuting drug crimes, it is advisable to seek legal representation when facing a drug charge. A skilled and experienced Plano drug crime defense lawyer will guide you through the often complex process of penalty groups and drug schedules while defending your rights.
Plano criminal defense attorney Sarah Fox is a former felony prosecutor that has handled drug crime cases from the point of view of the District Attorney’s Office. She now uses all of that experience and inside knowledge for defenses for your drug charge like weaknesses in evidence, search and seizure, chain of possession, or any other legal standards that may not have been met by law enforcement during your case. This experience frequently results in a favorable outcome of dismissal, a victory, or plea bargain. Let her help you with a consultation to discuss your situation and help provide legal advice for your criminal charge at NO COST TO YOU.