The Texas Controlled Substances Act of 1973 established four categories of drugs, each of which has its own penalties. Criminal charges involving penalty group 1 drugs typically have the harshest consequences. It is important to note that marijuana is in its own independent category, separate from these four classes.
This is not a comprehensive list of all drugs included in each class, but is intended to help our clients understand how the type of drug affects your charge and sentence:
Penalty Group 1:
- Opioids, opiates, or opium derivatives
- LSD (penalty group 1A)
Penalty Group 2:
- MDMA (Ecstasy)
- Synthetic THC
Penalty Group 3:
Penalty Group 4:
This category includes any opioids and opiates not included in previous categories, along with any other drug not listed that has the potential for abuse.
Marijuana is in a category of its own when it comes to drug charges in Texas. Typically a class B misdemeanor, possession of less than two ounces can result in up to 180 days in jail and up to a $10,000 fine. Possession of more than 2,000 pounds can result in life in prison and a $50,000 fine.