DRug penalty Groups
Drug Penalty Groups
Penalty Group 1 - Cocaine, Heroin, Meth, and more
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Texas drug crime laws breaks different controlled substances down into different “penalty groups.” The most serious drugs under Texas law (e.g., cocaine, heroin, methamphetamine) are in Penalty Group One (“PG 1”). These drugs are measured in grams.
The most common controlled substance (drugs) in Penalty Group 1:
Cocaine
Methamphetamine
Heroin
Opioids (e.g., pain killers, Codeine, Hydrocodone, Oxycodone, etc.)
Punishment for Penalty Group 1
Less than 1 Gram of Controlled Substance PG1: Possession of less than one gram is a State Jail Felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.
1 to 4 Grams of Cocaine: Possession of one gram to four grams of cocaine is a third degree felony (for Possession), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
4 to 200 Grams of Controlled Substance PG1: Possession of four grams to 200 grams is a second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is a first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
200 to 400 Grams of Controlled Substance PG1: Possession of 200 grams to 400 grams is a first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
More than 400 Grams of Controlled Substance PG1: Possession of more than 400 grams is an “enhanced” first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine up to $100,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 15 years and a maximum of 99 years (or life) along with a fine not more than $250,000
NOTE: LSD falls under this classification with a group 1A classification. It carries a penalty from two years to life in prison. It also has a fine up to $250,000.
Punishment for Penalty Group 1-A
The most common drug in this group is LSD, which includes its salts, isomers, and salts of isomers. In Texas, the amount is quantified in “units” instead of grams, ounces, or pounds. Generally, one “unit” usually amounts to one use or one “hit or tab” of LSD.
Less than 20 Units of Controlled Substance PG1-A: Both Possession and Manufacture or Delivery of less than 20 units is a State Jail Felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.
20 Units to 80 Units: Possession of 20-80 units is a third-degree felony, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
80 Units to 4,000 Units: Possession of 80 up to 4,000 units is a second-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is a first-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
4,000 Units to 8,000 Units: Possession of 4,000 units up to 8,000 units is a first-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
More than 8,000 Units: Both Possession and Manufacture and Delivery charges of more than 8,000 units is an “enhanced” first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 15 years up to a maximum of 99 years (or life) along with a fine up to $250,000.
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Possession of Penalty Group 2-MDMA (Ecstasy/Molly), Phencyclidine (PCP), Mescaline, THC Oils, etc.
The most common controlled substance (drugs) in Penalty Group 2:
MDMA (Ecstasy, Molly)
Phencyclidine (PCP)
Mescaline
THC Oils, Concentrates, Dabs, Hash Oil, or Wax
Punishment for Penalty Group 2
Less than 1 Gram of Controlled Substance PG2: Both Possession and Manufacture or Delivery of less than one gram is a State Jail Felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.
1 to 4 Grams: Possession of one gram to four grams is a third-degree felony, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
4 to 400 Grams: Possession of four grams to 400 grams is a second-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is a first-degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
More than 400 Grams: Possession of more than 400 grams is a first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $50,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
Punishment for Penalty Group 2A – Synthetic Cannabinoids, K2, Spice, etc.
The most common controlled substance (drugs) in Penalty Group 2:
K2
Spice
Punishment for Penalty Group 2A
2 Ounces or Less of Controlled Substance PG2A: Possession of Two Ounces or Less is a Class B Misdemeanor, which may result in confinement in a County Jail Facility for a maximum of 180 days and a fine up to $2,000.
However, it is a state jail felony (for Manufacture or Delivery) if less than one gram, which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and a maximum of 2 years along with a fine up to $10,000.
4 ounces or less but more than 2 ounces: Possession of more than four ounces or less but more than two ounces is a Class A Misdemeanor, which may result in confinement in a County Jail Facility for maximum of one year and a fine up to $4,000.
However, it is a second-degree felony (for Manufacture or Delivery) if at least one gram but less than 4 grams, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
5lbs or less but more than 4 ounces: Possession of five pounds or less but more than 4 ounces is a state jail felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and maximum of 24 months along with a fine up to $10,000.
However, it is a first-degree felony (for Manufacture or Delivery) if at least 4 grams but less than 400 grams, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
50lbs or less but more than 5lbs: Possession of fifty pounds or less but more than five pounds is a third degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a first-degree felony (for Manufacture or Delivery) if more than 400 grams, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
2,000lbs or less but more than 50lbs: Possession of 2,000 pounds or less but more than 50 pounds is a second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
More than 2,000lbs: Possession of more than 400 grams is a first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $50,000.
Penalty Group 3 – Opioids and Opiates (that are no listed in Penalty Group 1), Benzos, and sedatives
The most common controlled substance (drugs) in Penalty Group 3:
Diazepam (Valium)
Methylphenidate (Ritalin)
Lorazepam (Ativan)
Alprazolam (Xanax)
Clonazepam (Rivotril)
Peyote
Anabolic Steroids
Punishment for Penalty Group 3
Less than 28 grams of Controlled Substance PG1: Possession of less than 28 grams is a Class A Misdemeanor which may result in confinement in a County Jail Facility for a maximum of 1 year and a fine up to $4,000.
However, it is a state jail felony (for Manufacture or Delivery), which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and a maximum of 2 years along with a fine up to $10,000.
At least 28 grams but less than 200 grams: Possession of at least 28 grams but less than 200 grams is a third degree felony (for Possession), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
At least 200 but less than 400 Grams: Possession of 200 grams but less than 400 grams is a second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is a first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
400 grams or more: Possession of 400 grams or more is a first-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $50,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
Penalty Group 4 – Opioids and Opiates (that are no listed in Penalty Group 1) and compounds containing Dionine, Motofen, Buprenorphine, and Pyrovalerone
The most common controlled substance (drugs) in Penalty Group 4:
-compounds containing Dionine, Motofen, Buprenorphine, and Pyrovalerone
Punishment for Penalty Group 4
Less than 28 grams of Controlled Substance PG1: Possession of less than 28 grams is a Class B Misdemeanor which may result in confinement in a County Jail Facility for a maximum of 180 days and a fine up to $2,000.
However, it is a state jail felony (for Manufacture or Delivery), which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and a maximum of 2 years along with a fine up to $10,000.
At least 28 grams but less than 200 grams: Possession of at least 28 grams but less than 200 grams is a third degree felony (for Possession), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000
At least 200 but less than 400 Grams: Possession of 200 grams but less than 400 grams is a second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is a first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
400 grams or more: Possession of 400 grams or more is a first-degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $50,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
MARIJUANA (AKA, “MARIHUANA” as labeled by Texas Statute)
Punishment for Marijuana (or “Marihuana”):
Less than 2 ounces: Possession of less than two ounces is a Class B Misdemeanor which may result in confinement in a County Jail Facility for a maximum of 180 days and a fine up to $2,000.
2 ounces – 4 ounces: Possession of two ounces to four ounces of marijuana is a Class A Misdemeanor (for Possession), which may result in confinement in a County Jail for a maximum of one year and with a fine up to $4,000.
4 ounces to 5lbs: Possession of four ounces up to 5 pounds is a state jail felony which may result in confinement in a Texas State Jail Facility for a minimum of 180 days and a maximum of 2 years along with a fine up to $10,000.
However, it is also a state jail felony (for Manufacture or Delivery) if the amount is 4 ounces to 5 pounds, which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000
5lbs to 50lbs: Possession of 5lbs to 50lbs is a third degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 10 years along with a fine up to $10,000.
However, it is a second degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years (or life) along with a fine not more than $10,000
50lbs to 2,000lbs (1 ton): Possession of 50 pounds up to 2,000 pounds is second degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 2 years and a maximum of 20 years along with a fine up to $10,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine not more than $10,000
Greater than 2,000lbs (1 ton): Possession of more than 2,000 pounds is first degree felony which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 5 years and a maximum of 99 years (or life) along with a fine up to $10,000.
However, it is an “enhanced” first degree felony (for Manufacture or Delivery), which may result in confinement in a Texas Department of Criminal Justice – Institutional Division for a minimum of 10 years and a maximum of 99 years (or life) along with a fine not more than $100,000
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If you find yourself looking at serious drug charges, it’s imperative you call someone who won’t back down the prosecution and that will have the tenacity and skill level to get you the best results possible. Call Chris today to schedule your free consultation. We are available 24 hours a day, 7 days a week.