In Texas, any drug or medication, for which the federal or state government regulates its use, possession, or manufacture, is called a controlled substance. The Texas Controlled Substances Act (CSA) classifies all controlled substances into separate groups or “schedules”.
Under the Act, controlled substances (including drugs, diluents, and adulterants) are listed under Schedule I to Schedule V or four separate Penalty Groups. Controlled substances in Texas include any solution, mixture or another substance that contains a controlled substance.
If you have been charged with the illegal possession, use or manufacture of a controlled substance, it is best to have an experienced Texas drug possession attorney on your side to fight your case.
Penalty Group 1
Controlled substances in this group include opioids, ketamine, methamphetamine (crystal meth or meth), mescaline, cocaine, opiates, or opium derivatives (such as heroin) as well as some types of hallucinogens. LSD drugs are included under Penalty Group 1-A.
Punishments for Group 1 could begin at imprisonment for two years along with a fine of $10,000. Punishments could go up to life imprisonment along with a fine of $250,000 if you are found in possession of at least 400 grams.
Penalty Group 2
Hashish and various other marijuana derivatives (cannabinoids) are included in this group. Ecstasy drug (MDMA) and PCP are also covered under Penalty Group 2.
Punishments for Group 2 could begin at imprisonment for two years for being found in illegal possession of less than one gram and go up to life imprisonment along with a fine of $50,000 for possessing at least 400 grams. Choose a proven and capable Texas criminal defense attorney to represent your case, if you are facing these serious charges.
Penalty Group 3
Any opioids and opiates that are not covered under Penalty Group 1 are listed under this group. Additionally, Penalty Group 3 includes benzodiazepines, anabolic steroids, and sedatives such as Ritalin (methylphenidate), Valium, and prescription medications that have a stimulant or depressant effect and could potentially be abused as an addiction.
Punishment for illegal possession of drugs under this group begins with imprisonment for one year along with up to $4,000 fine, but may go up to imprisonment for 20 years along with a fine of up to $10,000 for possessing at least 200 grams.
Penalty Group 4
Any opioids and opiates that are not covered under Penalty Group 1 and 3 are listed under this group. Stemming from this, Penalty Group 4 includes some prescription drugs and chemical compounds that may have a potential for addictive abuse. Punishments under this group are similar to those under Group 3. If you have been arrested for drug possession under such charges, you should consult with a dedicated Texas criminal defense lawyer as soon as possible to build a robust legal defense.
Punishments for Manufacture or Delivery
Under the Texas Controlled Substances Act, if you sell (deliver) or manufacture a controlled substance, the minimum penalties you would face include jail time of 180 days to two years along with up to $10,000 fine. The maximum punishment for these offenses could include jail time of at least 15 to 99 years along with up to $250,000 fine.
If you or someone you love has been arrested for drug possession, you need the best possible legal support. At Texas-based Flood-Lewis & Associates, we have an unheard-of win rate of 80 percent victories or dismissals. Call our team 24/7, 365 at (713) 224-5529 for a free case review or contact us online to request a free consultation with one of our attorneys.