Possession of a Controlled Substance in Texas
Under Texas Health and Safety Code §§ 481.115 – 481.118, an individual can be charged with the offense of possession of a controlled substance (PCS) if they knowingly or intentionally possess any of the substances listed in Penalty Group I-IV without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances.
Texas law provides for four penalty groups to classify controlled substances, narcotics, medications and chemicals in order to set punishments for drug offenses accordingly.
Penalty Group I (PG-1) substances have a high potential for abuse and no known or accepted medical use in the United States.
Examples of these types of substances include, but are not limited to:
- Cocaine
- Heroin
- Methamphetamine
- Oxycodone
- Hydrocodone (over 300mg)
- Ketamine
Possession of Penalty Group I (PG-1) substances are punishable as follows:
- An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence of up to two years and not less than 180 days and/or a fine up to $10,000.
- An individual can be convicted of a felony of the third degree if the amount of the substance is more than one gram but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
- An individual can be convicted of a felony of the second degree if the amount of the substance is more than four grams but less than 200 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
- An individual can be convicted of a felony of the first degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of five to 99 years and/or a fine up to $10,000.
- If the amount of the substance is 400 grams or more, the offense is punishable by 10 to 99 years in prison and/or a fine up to $100,000.
Penalty Group II (PG-2) substances can have a high potential abuse, but have been found to have medical purposes in the United States.
Examples of these types of substances include, but are not limited to:
- Mushrooms
- Psilocybin
- Ecstasy
- MDMA (“Molly”)
- PCP (Phencyclidine)
- Marinol
Possession of Penalty Group II (PG-2) substances are punishable as follows:
- An individual can be convicted of a state jail felony if the amount of the substance is less than one gram. A conviction for this offense can result in a jail sentence up to to years and/or a fine up to $10,000.
- An individual can be convicted of a felony of the third degree if the amount of the substance is one gram or more but less than four grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
- An individual can be convicted of a felony of the second degree if the amount of the substance is four grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
- If the amount of the substance is 400 grams or more, the offense is punishable by life in prison or a term of 5 to 99 years and/or a fine up to $50,000.
Penalty Group III (PG-3) substances have a lower potential for abuse than PG-1 or PG-2 substances and have common medical uses in the United States.
Examples of these types of substances include, but are not limited to:
- Anabolic steroids
- Xanax
- Lorazepam
- Valium
- Ritalin
- Hydrocodone (under 300mg)
Possession of Penalty Group III (PG-3) substances are punishable as follows:
- An individual can be convicted of a Class A misdemeanor if the amount of the substance is less than 28 grams. A conviction for this offense can result in a jail sentence of up to one year and/or a fine up to $4,000.
- An individual can be convicted of a a felony of the third degree if the amount of the substance is more than 28 grams but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
- An individual can be convicted of a felony of the second degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
- An amount of 400 grams or more is punishable by life in prison or a term of five to 99 years and/or a fine up to $50,000.
Penalty Group IV (PG-4) substances are considered to have the lowest potential for abuse and have common uses for medical purposes in the United States.
Examples of these types of drugs include, but are not limited to:
- Compounds and mixtures with small amounts of codeine
- Compounds and mixtures with small amounts of opium
Possession of Penalty Group IV (PG-4) substances are punishable as follows:
- An individual can be convicted of a Class B misdemeanor if the amount of the substances is less than 28 grams. A conviction for this offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
- An individual can be convicted of a felony of the third degree if the amount of the substances is 28 grams or more but less than 200 grams. A conviction for this offense can result in a sentence of two to ten years in prison and/or a fine up to $10,000.
- An individual can be convicted of a felony of the second degree if the amount of the substance is 200 grams or more but less than 400 grams. A conviction for this offense can result in a prison sentence of two to 20 years and/or a fine up to $10,000.
- If the amount of the substance is 400 grams or more, the offense is punishable by life in prison or a term of five to 99 years in prison and/or a fine up to $50,000.
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