Possession of a controlled substance in Texas is a serious crime that attracts severe penalties. An arrest and conviction for possessing a controlled substance are subject to strict criminal penalties under the Texas Controlled Substances Act and the Health and Safety Act. You will face the penalties based on certain factors, including the amount of the substance you possessed and the classification of the substance. The penalties for possessing a controlled substance are classified from group one to four. The charges and penalties in group one are more severe, and the severity decreases as the group increases. You should consult a skilled criminal defense attorney if you are accused of possessing a controlled substance in Texas.

The Elements Of Possession Of A Controlled Substance

According to the Texas law, possession of a controlled substance means actual care, control, custody, or management of a restricted substance. If the prosecutor accuses you of possessing a controlled substance, he/she must prove these elements:

  • You exercised control or management over the substance
  • You were aware that the substance was unlawful

Drugs In Each Penalty Group

Every penalty group has a unique set of controlled substances. You will face penalties for possessing a controlled substance, depending on the penalty group of the drugs involved.

Penalty Group 1 Drugs

Penalty group one drugs are categorized as follows:

  • Poppy derivatives
  • Cocaine derivatives
  • Opium derivatives
  • Opiates

Some of the drugs under this category include:

  • Methadone
  • GHB
  • Rohypnol
  • Ketamine
  • Heroin
  • Oxycodone, and
  • Cocaine

The list of penalty group one drugs changed in 2017, 2021, and 2023. You should check the version of the list that was in effect if you are facing drug charges for the crime that happened before September 1, 2023.

Penalty Group 1-A Drugs

Some of the drugs under penalty group 1-A include:

  • Lysergic acid diethylamide (LSD), and
  • Certain other ‘’designer’’ drugs

The list of penalty group 1-A drugs changed in 2015, but was not affected by the 2023 changes. You should check the version of the list of drugs in effect if you are facing charges for the crime you committed before September 1, 2015.

Penalty Group 1-B Drugs

Penalty group 1-B drugs were created in 2021 by the legislature. As of September 1, 2023, the drugs in this group include:

  • Acetyl-alpha-methylfentanyl
  • Alfentanil
  • Remifentanil
  • Sufentanil
  • Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinylpropanamide

Before September 1, 2023, alpha-methylfentanyl, fentanyl, or other derivatives of fentanyl were the only drugs included in penalty group 1-B.

Penalty Group 2 Drugs

Penalty group 2 drugs encompasses several chemicals, including PHP and chemicals regularly found in ‘’Magic Mushrooms. The list of penalty group 2 drugs was last changed in 2017. You should check the version of the list in effect if you are facing charges for a crime you committed before September 1, 2017.

Penalty Group 2-A Drugs

The drugs under penalty group 2-A include synthetic chemical compounds, which are cannabinoid receptor agonists. They also mimic the pharmacological effect of naturally occurring cannabinoids. The list of drugs in this group was last updated in 2015. You should check the version of the list in effect if you are facing the charges for a crime you committed before September 1, 2015.

Penalty Group 3 Drugs

The following are drugs under penalty group 3:

  • Certain opiates
  • Peyote
  • Salvia
  • Prescription drugs like testosterone and other anabolic steroids
  • Alprazolam, and
  • Clonazepam

The list of penalty group 3 drugs was last updated in 2017. You should check the version in effect if you are facing charges for the crime you committed before September 1, 2017.

Penalty Group 4 Drugs

Some of the drugs under penalty group 4 include certain legal drugs that can be abused, including Buprenorphine and codeine. Buprenorphine is used in the recovery from heroin addiction. Codeine is used in cough drugs. The drugs in this group were updated last in 2001.

Penalties For Possession Of A Controlled Substance

The penalties for possession of a controlled substance are categorized based on the penalty group and the quantity of drugs you possessed. The Texas Drug-Free Zone penalty enhancement will also apply to this crime.

Penalties For Group 1-A And Group 1-B

The penalties for the crime of possession of a controlled substance in group 1-A or group 1-B range from a felony jail term to a first-degree felony. This will depend on the weight of the substance, including dilutants or adulterants, of the drugs in your possession. The penalties are categorized as follows:

  • You can face a state jail felony under Penal Code 481.115(b) if you are guilty of possessing a substance less than one gram
  • You can face a third-degree felony under Penal Code 481.115(c) if you are guilty of possessing a substance of one to less than four grams.
  • You can face a second-degree felony under Penal Code 481.115(d) if you are guilty of possessing a substance of four to less than 200 grams.
  • You can face a first-degree felony under Penal Code 481.115(e) if you are guilty of possessing a substance of 200 to 400 grams.
  • You can face a first-degree felony under Penal Code 481.115(f) if you are guilty of possessing a substance of 400 grams or more.

The minimum jail term you will face for the above charges will be up to ten years and a fine that does not exceed $100,000.

Group 1-A Penalties

The penalties for possession of a controlled substance in penalty group 1-A range from a state jail felony to a first-degree felony. However, it will depend on the quantity of units of the substance you possess. The punishment can be categorized as follows:

  • You can face a state jail felony under Penal Code 481.1151(b)(1) if you are found guilty of possessing a substance weighing less than 20 grams
  • You can face a third-degree felony under Penal Code 481.1151(b)(2) if you are found guilty of possessing a substance weighing 20 grams or more but less than 80 grams.
  • You can face a second-degree felony under Penal Code 481.1151(b)(3) if you are guilty of possessing a substance weighing 80 grams or more, but less than 4,000 units.
  • You can face a first-degree felony under Penal Code 481.1151(b)(4) if you are guilty of possessing a substance weighing 4,000 units or more, but less than 8,000 units.
  • You can face a first-degree felony under Penal Code 481.1151(b)(5) if you are guilty of possessing a substance weighing 8,000 or more units.

The court can impose a jail term that does not exceed 15 years and a fine that does not exceed $250,000 for the above charges. You can also face life imprisonment for the above charges. The court can also impose a jail term that does not exceed 99 years for the above charges.

Group 2 Penalties

The penalties for possessing a controlled substance in penalty group 2 range from a first-degree felony to a state jail felony. However, this will be based on the weight, including dilutants or adulterants, of the substance you possessed. The penalties can be categorized as follows:

  • You can face a state jail felony under Penal Code 481.116(b) if you are guilty of possessing a substance weighing less than one gram
  • You can face a third-degree felony under Penal Code 481.116(c) if you are guilty of possessing a substance weighing one gram or more, but less than four grams.
  • You can face a second-degree felony under Penal Code 481.116(d) if you are guilty of possessing a substance weighing four grams or more but less than 400 grams.
  • You can face a first-degree felony under Penal Code 481.116(e) if you are guilty of possessing a substance weighing 400 grams or more.

You can face a jail term that does not exceed five years and a fine of up to $50,000 for the above charges. The above charges can also attract a life imprisonment in the Texas Department of Criminal Justice. You can also face a jail term that does not exceed 99 years.

Group 2-A Penalties

Penalties for possession of a controlled substance in penalty group 2-A range from a first-degree felony to a state jail felony. You will face the charges based on the weight, including dilutants or adulterants, of the substance you possessed. The penalties are classified as follows:

  • You can face a class B misdemeanor under Penal Code 481.1161(b)(1) if you are guilty of possessing a substance weighing two ounces or less
  • You can face a class A misdemeanor under Penal Code 481.1161(b)(2) if you are guilty of possessing a substance weighing more than two ounces but less than four ounces of a controlled substance.
  • You can face a state jail felony under Penal Code 481.1161(b)(3) if you are guilty of possessing a substance weighing more than four ounces but less than five pounds of a controlled substance.
  • You can face a third-degree felony under Penal Code 481.1161(b)(4) if you are guilty of possessing a substance weighing more than five pounds but less than 50 pounds.
  • You can face a second-degree felony under Penal Code 481.1161(b)(5) if you are guilty of possessing a substance weighing more than 50 pounds but less than 2,000 pounds.
  • You can face a first-degree felony under Penal Code 481.1161(b)(6) if you are guilty of possessing a substance weighing more than 2,000 pounds.

Group 3 Penalties

The penalties for possessing a controlled substance in penalty group 3 range from a class A misdemeanor to a first-degree felony. This will depend on the weight, including dilutants or adulterants of the substance you possess. The penalties can be as follows:

  • You can face a class A misdemeanor under Penal Code 481.117(b) if you are guilty of possessing a substance weighing less than 28 grams
  • You can face a third-degree felony under Penal Code 481.117(c) if you are guilty of possessing a substance of 28 grams or more but less than 200 grams.
  • You can face a second-degree felony under Penal Code 481.117 (d) if you are guilty of possessing a substance of 200 grams or more but less than 400 grams.
  • You can face a first-degree felony under Penal Code 481.117(e) if you are guilty of possessing a substance of 400 grams or more.

The above charges can attract a jail term that does not exceed five years in a state prison. You can also face a fine that does not exceed $50,000.

Group 4 Penalties

Penalties for possession of a controlled substance in penalty group 4 range from a class B misdemeanor to a first-degree felony. However, the penalties will depend on the total weight, including dilutants or adulterants. The classification is as follows:

  • You can face a class B misdemeanor under Penal Code 481.118(b) if you are guilty of possessing a substance weighing less than 28 grams
  • You can face a third-degree felony under Penal Code 481.118(c) if you are guilty of possessing a substance weighing 28 grams or more.
  • You can face a second-degree felony under Penal Code 481.118(d) if you are guilty of possessing a substance weighing 200 grams or more but less than 400 grams.
  • You can face a first-degree felony under Penal Code 481.118(e) if you are guilty of possessing a substance weighing 400 grams or more.

The above charges can attract a jail term that does not exceed five years in a state prison. You can also face a fine that does not exceed $50,000.

The Drug-Free Zone Penalty Enhancement

The drug-free zone penalty enhancement will apply if you commit the crime in the following areas:

  • On, in, or within 1000 feet of any real property, which is rented, owned, or hired to a school or school board or premises of a private or public youth center
  • On a school bus
  • Unauthorized person aged 18 years or older possessing a controlled substance on, in, or within 1000 feet of premises rented, owned, or leased by a general residential operation.

The provisions for the Drug-Free Zone penalty enhancement include enhancements under subsections (c), (d), (e), or (f). Your jail term could be enhanced by five years, and a maximum fine doubled under the following statutes:

  • Penal Code 481.115(c) - (f)
  • Penal Code 481.1151(b)(2), (3), (4), or (5)
  • Penal Code 481.116(c), (d), or (e)
  • Penal Code 481.1161(b) (4), (5), or (6)
  • Penal Code 481.117 (c), (d), or (e), and
  • Penal Code 481.118 (c), (d), or (e)

Your conviction under the following statutes will be enhanced to third-degree felonies:

  • Penal Code 481.115(b)
  • Penal Code 481.1151(b)(1)
  • Penal Code 481.116(b)
  • Penal Code 481.116(b)(3)

Your conviction under Penal Code 481.117(b) can be enhanced to a state jail felony. Additionally, your conviction under Penal Code 481.118(b) can be enhanced to a class A misdemeanor.

Whether You Can Secure Probation For Possession Of A Controlled Substance

Juries and judges in Texas are allowed to give probation for possession of a controlled substance. Judges can also accept deferred adjudication plea deals.

Regardless of the offense you commit, the juries or judges cannot order community supervision for any suspended sentence that exceeds ten years. The judge also has no powers to grant community supervision after a conviction if:

  • You used or exhibited a dangerous weapon while committing a felony or immediately fleeing thereafter
  • You used or exhibited the dangerous weapon yourself, or you were party to the crime, and you were aware that the dangerous weapon would be used or exhibited.d

You will not be eligible for deferred adjudication or community supervision if you have been convicted in the past of a crime whose penalty was enhanced under the Drug-Free Zone.

The Changes In 2015 About Adderall And Vyvanse

The law regarding Adderall and Vyvanse was modified significantly. All FDA-approved substances from Penalty Group 2 and those listed in that section were excluded by the legislature. Possession of a controlled substance was charged as a Class B misdemeanor according to the ‘’miscellaneous substances’’ law instead of a felony. However, in 2017, this statute was repealed. Adderall and Vyvanse cases that happened between September 1, 2015, and September 1, 2017 do not fall under Penalty Group 2 cases.

Find An Experienced Criminal Defense Attorney Near Me

The possession of a controlled substance is a serious offense under Texas law. A conviction for the offense can have detrimental consequences, including imprisonment, hefty fines, and paying restitution to the victim. A conviction will also lead to a permanent criminal record. Having a criminal record can affect many areas of your life, including the ability to seek employment and housing. When you or your loved one faces charges for possessing a controlled substance, you should contact an attorney to help you fight the charges. At the Andrew Deegan Criminal Attorney At Law, we have committed attorneys who can help you fight your charges. Contact us at 817-689-7002 to speak to one of our attorneys in Fort Worth, TX.