Texas Drug possession charges are broken into penalty groups

On Behalf of | Aug 20, 2021 | Drug Possession

The war on drugs has traditionally focused more on penalties than rehabilitation and recovery from addiction. Texas’ motto of “Don’t mess with Texas,” was originally an anti-littering campaign. However, this motto has come to represent Texas’ tough stance on crime in general. 

Since penalties are the focus of law enforcement, it is beneficial to be educated on the way that drugs are classified and the penalties that they carry. Let’s take a closer look.

4 drug penalty groups under Texas law

Texas drug statutes categorize different drugs into four penalty groups. The grouping under which your alleged crime falls can have a major impact on the potential penalties you face:

  • Penalty group one: This first category deals with opiates and their derivatives, cocaine, Rohypnol, methamphetamines, PCP, GHB and ketamine.
    • Minimum penalty: Felony possession of one gram equals 180 days to two years sentence in state jail and up to a $10,000 fine.
    • Maximum penalty: Felony possession of over 400 grams equals a fife sentence or 10 – 99 years and up to a $300,000 fine.
  • Penalty group two: This penalty group contains drugs like hallucinogens, depressants, mephedrone and phenylacetone.
    • Minimum penalty: Felony possession of under one gram equals two years sentence in state jail.
    • Maximum penalty: Felony possession of over 400 grams could get a life term and up to a $50,000 fine.
  • Penalty group three: This third category has drugs like Ritalin, Xanax, Klonopin, barbiturates, peyote and steroids. 
    • Minimum penalty: Class A misdemeanor possession of under 28 grams equals 180 days to two years in jail and a $10,000 fine.
    • Maximum penalty: Felony possession of over 400 grams equals up to a life sentence  and up to a $50,000 fine
  • Penalty group four: This final group has drugs like codeine, morphine, buprenorphine, pyrovalerone and so on.
    • Minimum penalty: Class B misdemeanor possession of under two ounces could equal mandatory drug treatment, 180 days in jail and a fine of $2,000.
    • Maximum penalty: Felony possession of larger amounts could get you between one and 10 years in jail and a fine up to $50,000.

As you can see, Texas is very serious about enforcing drug possession charges. If you’re currently facing charges for possession, it helps to learn more about the potential penalties you face so that you can better participate in your own defense. Take action today to protect your future.

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