Texas Drug Penalty Group 1 Explained

Know your rights…

Under the provisions of the Texas Health & Safety Code §§ 481.102 – 481.105, controlled substances, commonly referred to as drugs, are classified into distinct penalty groups within the state of Texas. These penalty groups are delineated as follows:

• Penalty Group 1/1A
• Penalty Group 2/2A
• Penalty Group 3
• Penalty Group 4

Controlled substances falling under Penalty Group 1/1A are regarded as the most severe due to their lack of recognized medical utility and their high propensity for addiction and harm. Notable controlled substances categorized under Penalty Group 1/1A include Fentanyl, Cocaine, Heroin, Methamphetamine, Ketamine, and various opioids such as codeine, hydrocodone, and oxycodone.

The penalties for offenses involving Penalty Group 1 controlled substances vary based on the nature of the offense. In the state of Texas, drug offenses are typically classified into three categories: possession, manufacture, and delivery.

Possession of any quantity of a Penalty Group 1 Controlled Substance constitutes a felony offense punishable by incarceration. Possession, as defined by Tex. Penal Code § 1.07(a)(39), encompasses the actual care, custody, control, or management of a controlled substance. The severity of punishment is contingent upon the quantity of the substance in possession:

• Less than 1 Gram (POSS CS PG1 <1G): State Jail Felony, punishable by imprisonment for a term ranging from 180 days to two years in a state jail facility and a fine not exceeding $10,000.
• One to Four Grams (POSS CS PG1 1-4G): Third Degree Felony, carrying a penalty of imprisonment for a period spanning from two to ten years and a fine not exceeding $10,000.
• Four to 200 Grams (POSS CS PG1 4-200G): Second Degree Felony, punishable by imprisonment for a duration ranging from two to twenty years and a fine not exceeding $10,000.
• 200 to 400 Grams (POSS CS PG1 200-400G): First Degree Felony, carrying a penalty of imprisonment for a term ranging from five years to 99 years and a fine not exceeding $100,000.
• 400 Grams or More (POSS CS PG1 >400G): Enhanced First Degree Felony, punishable by imprisonment for a period ranging from 10 years to 99 years and a fine not exceeding $100,000.

The manufacture, delivery, or possession with intent to deliver any quantity of a Penalty Group 1 Controlled Substance also constitutes a felony offense carrying potential imprisonment. ‘Manufacture’ refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance from substances of natural origin, including the packaging or labeling of the substance or its container, as per Tex. Controlled Substances Act § 481.002(25). ‘Delivery’ pertains to the transfer of a controlled substance to another, as defined by Tex. Controlled Substances Act § 481.002(8). The penalties for such offenses are more severe compared to simple possession and are contingent upon the quantity of the substance involved:

• Less than 1 Gram (MAN/DEL CS PG1 <1G): State Jail Felony, punishable by imprisonment for a term ranging from 180 days to two years in a state jail facility and a fine not exceeding $10,000.
• One to Four Grams (MAN/DEL CS PG1 1-4G): Second Degree Felony, carrying a penalty of imprisonment for a period spanning from two to 20 years and a fine not exceeding $10,000.
• Four to 200 Grams (MAN/DEL CS PG1 4-200G): First Degree Felony, punishable by imprisonment for a duration ranging from five years to 99 years and a fine not exceeding $10,000.
• 200 to 400 Grams (MAN/DEL CS PG1 200-400G): Enhanced First Degree Felony, carrying a penalty of imprisonment for a term ranging from 10 years to 99 years and a fine not exceeding $100,000.
• 400 Grams or More (MAN/DEL CS PG1 >400G): Enhanced First Degree Felony, punishable by imprisonment for a period ranging from 15 years to 99 years and a fine not exceeding $250,000.

Individuals facing allegations of drug offenses are urged to seek assertive legal representation. A conviction for a drug-related offense entails significant prison time, permanently blemishes one’s criminal record, and entails numerous collateral consequences.