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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.
Time is of the essence…
If you were arrested for a DWI you only have 15 days to request a hearing for ALR – automatic license renewal. If you do not request a hearing in time or do not show up prepared, your license could be suspended.
Likewise other crimes have important factors that are time sensitive. It may be important to have you tested at a court approved lab for drugs or other substances because drugs will metabolize out of your system very quickly and there is only a small window of time left to test.
And for other crimes still it can be important to get witness testimonies or affidavits before the details start to blur or fade or before other parties obtain lawyers and stop talking.
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