What are the Different Schedule Classifications for Drug Cases?

The Texas Health and Safety Code divides controlled substances into four penalty groups, and a marijuana category.  However, it is not necessary for the substance itself to be illegal, many prescription drugs are illegal to possess without the correct prescription.  In addition to a fine and possible jail or prison time, anydrug possession conviction will result in a 6-month driver’s license suspension under Texas statutes.

Marijuana

Possession of less than 2 ounces of marijuana is a class B misdemeanor and has a maximum penalty of 180 days in jail and/or a fine not to exceed $2,000.  Possession of 2-4 ounces is a class A misdemeanor and has a maximum penalty of 1 year in jail and/or a fine not to exceed $4,000.  Anything 4 ounces and over will be a charged as a felony and the range of punishment will depend on the circumstances and amount but can go all the way up to 99 years imprisonment.

Cocaine, Heroin, Methamphetamine, GHB, Ketamine, Oxycodone, & Hydrocodone

Known as Penalty Group 1, possession of less than 1 gram of any of these substances could result in a state jail felony and 180 days to 2 years in jail and/or a fine up to $2,000.  Possession of more than 1 gram can result in a penalty of 2 to 99 years imprisonment and up to a $100,000 fine.

LSD & Hallucinogens

LSD and similar hallucinogens are under Penalty Group 1A and could result in a penalty of 2 to 99 years imprisonment with fines up to $250,000.

Ecstasy, PCP, Mescaline, & Resinous extractives of Cannabis that aren’t Marijuana

Known as Penalty Group 2, possession of less than 1 gram of any of these substances could result in a state jail felony and 180 days to 2 years in jail and/or a fine up to $2,000.  Possession of more than 1 gram can result in a penalty of 2 to 99 years imprisonment and up to a $50,000 fine.

Valium, Ritalin, & Various Chemical Compounds

Known as Penalty Group 3 & 4, possession of less than 28 grams of any of these substances could result in a class A misdemeanor, up to 1 year in jail and/or a fine up to $4,000.  Possession of 28 grams or more can result in a penalty of 2 to 99 years imprisonment and up to a $50,000 fine.

Under Texas law, the punishment for manufacturing and delivering controlled substances vary depending on the type of drug and the quantity involved.  Additionally, the Code of Criminal Procedure allows the state to seize any property used or intended to be used in the commission of a drug felony.  That means they can take any belonging in connection with the drugs or drug money, and because it is a civil action you don’t even have to be criminally convicted for the state to take it!  If you or someone you know have been charged with a drug offense call our office to setup a free consultation.

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