Possession of a Controlled Substance in Fort Worth, Texas
Attorney Chelsi McLarty
Drug possession charges of a controlled substance in Texas refer to the unlawful custody, care, or control over drugs categorized into various drug penalty group charges. Possession of a Controlled Substance in Fort Worth, Texas as a criminal offense is spelled out in Chapter 481 of the Health and Safety Code, with the Penalty Groups (PG 1, 1-A, 1-B, 2, 2-A, 3, and 4) defined in Subchapter B with the offense and penalties in Subchapter D. Under the Texas Health and Safety Code, Section 481.115 – 481.118, the categorization of substances into the penalty groups is based on potential for abuse and accepted medical use. However, this has often been the center of much debate. Penalties for possession vary depending on the type and amount of the substance, ranging from a Class B misdemeanor to enhanced first-degree felonies.s
Possession of a Controlled Substance and Penalty Groups in Texas
The punishment for drug possession fort worth, Texas depends on which penalty group the drug falls into and the quantity of the drugs. There are nine drug penalty groups under Texas law (PG1, PG1-A, PG1-B, PG-2, PG-2A, PG-3, PG-4, Dangerous Drugs and Marijuana). Drugs are categorized according to their addictive nature and whether they have any accepted medical purpose (as determined by the legislature, at least.)
What Penalty Group is a Drug?
One of the challenges with the penalty groups in Texas is that if you look at Chapter 481 of the Texas Health and Safety Code all of the drugs are listed by their chemical names. Even a common drug like methamphetamine can be difficult to find unless you know the exactly chemical compound you are looking for. To address this challenge we have put together the first and only comprehensive list of chemical names and street names for drugs in Texas penalty groups. You can find it in the PDF below:
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Drug Possession in Texas
Drug possession charges are widespread in Texas, but not all drugs are treated equally. Possessing four grams of methamphetamine, for example, is punished much more harshly than possessing a marijuana joint. That’s because all controlled substances fall into penalty groups in Texas, with Penalty Group 1 being the most addictive and dangerous.
Methamphetamine is in Penalty Group 1, along with crack and heroin. Marijuana — which, yes, is still illegal in Texas — is in its own, less serious penalty group. [Fentanyl just got moved to its penalty group: 1-B.]
Even though some penalty groups carry harsher penalties, it’s important to realize that all Fort Worth drug possession charges can negatively impact your life, resulting in jail time, fines, license suspensions, and a criminal record.
Penalty Group 1
Penalty Group 1-A
Penalty Group 1-A
The drugs in Penalty Group 1 are the most heavily regulated in Texas, as they pose no medical use whatsoever. They include the most dangerous and addictive drugs including: Cocaine, Crack, Heroin, Methamphetamine, Ketamine, Oxycontin, Codeine, GHB, Opium, and Methadone.
Possession of a Controlled Substance Penalty Group 1;
You might see this listed as Poss CS PG1.
- Less than one gram is a State jail felony punishable with 180 days to 2 years in a state jail and/or a fine of not more than $10,000
- 1 gram or more, but less than 4 grams is a Third Degree felony punishable with 2 to 10 years in a state prison and/or a fine of not more than $10,000
- 4 grams or more, but less than 200 grams is a Second Degree felony punishable with 2 to 20 years in state prison and/or a fine of not more than $10,000
- 200 grams or more, but less than 400 grams is a First Degree felony punishable with 5 to 99 years in state prison or life, and a fine of not more than $100,000
- 400 grams or more is an Enhanced First Degree felony punishable with 10 to 99 years or life, and a fine of not more than $100,000
Penalty Group 1-A
Penalty Group 1-A
Penalty Group 1-A
The only controlled substance in penalty group 1-A is Acid (LSD) or analogs thereof LSD. LSD is not grouped with other drugs because the dose sells it, not the weight.
- Fewer than 20 units is a State jail felony punishable with 180 days to 2 years in a state prison and/or a fine of not more than $10,000
- 20 or more units, but less than 80 units is a Third Degree punishable with 2 to 10 years in state prison and/or a fine of not more than $10,000
- 80 units or more, but less than 4,000 units is a Second Degree punishable with 2 to 20 years in state prison and/or a fine of not more than $10,000
- 4,000 units or more, but less than 8,000 units is a First Degree felony punishable with 5 to 99 years in a state prison or life, and a fine of not more than $100,000
- 8,000 units or more is an Enhanced First Degree punishable with 15 to 99 years or life in prison, and a fine of not more than $250,000
Penalty Group 1-B
Penalty Group 1-B
Penalty Group 1-B
The only controlled substance in penalty group 1-B is Fentanyl, along with its isomers and analogs.
- Under 1 Gram is a State Jail Felony punishable with 180 days to 2 years in State Jail and/or a fine of not more than $10,000
- 1-4 Grams is a Third Degree Felony punishable with 2-10 years in prison, and a fine of not more than $10,000
- 4-200 Grams is a Second Degree punishable with 2-20 years in prison and a fine of up to $10,000
- 200-400 Grams is a First Degree punishable with 5 – 99 years in prison or life, and a fine not to exceed $10,000
- Over 400 Grams is an Enhanced First Degree punishable with 10 – 99 years in prison or life and a fine not to exceed $100,000
Fentanyl is a focus of prosecutors across the state. Texas has launched a War on Fentanyl. Prosecutors look for ways to file these as manufacturing or delivery charges and are always on the lookout for the newest fentanyl charge: fentanyl murder.
Penalty Group 2
Penalty Group 1-B
Penalty Group 1-B
Penalty Group 2 drugs are slightly less dangerous than the drugs in Group 1. Most hallucinogens fall into Penalty Group 2 and those drugs include: MDMA, Molly, Ecstasy, Bath Salts (Many bath salts), Adderall (Dextroamphetamine), PCP (Phencyclidine, Angel Dust), Mescaline (Peyote), Mushrooms (Psilocybin), Proposed legislation: Flakka (alpha-PVP), THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas and Delta 8 THC, Delta 9 THC, Delta 10 THC and THCA in Texas, “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
- Less than one gram is a State jail felony punishable with 180 days to 2 years in a state jail and/or a fine of not more than $10,000
- 1 to 4 grams is a Third Degree felony punishable with 2 to 10 years in a state prison and/or a fine of not more than $10,000
- 4 to 400 grams is a Second Degree punishable with 2 to 20 years in a state prison and/or a fine of not more than $10,000
- 400 grams or more is an Enhanced first-degree felony5 to 99 years in a state prison and/or a fine of not more than $50,000
Penalty Group 2-A
Penalty Group 2-A
Penalty Group 2-A
Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
Possession of a Controlled Substance Penalty Group 2A;
You might see this listed as Poss CS PG2A.
- Less than two ounces is a Class B misdemeanor punishable with 0-180 days in county jail and up to a $2,000 fine
- 2 ounces, but less than 4 ounces is a Class A misdemeanor punishable with 0-1 year in county jail, and up to a $4,000 fine
- 4 ounces, but less than 5 pounds is a State jail felony punishable with 180 days to 2 years in a state jail and/or a fine of not more than $10,000
- 5 pounds, but less than 50 pounds is a Third Degree felony punishable with 2 to 10 years in a state prison and/or a fine of not more than $10,000
- 50 pounds, but less than 2,000 pounds is a Second Degree felony punishable with 2 to 20 years in a state prison and/or a fine of not more than $10,000
- 2,000 pounds or more is an Enhanced first-degree felony punishable with 5 to 99 years in state prison or life, and a fine not to exceed $50,000
Penalty Group 3
Penalty Group 2-A
Penalty Group 2-A
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as: Valium, Xanax (Alprazolam), Clonazepam, Diazepam, Hydrocodone less than 15mg/dose or less than 300 mg, Codeine less than 90mg/dose, Lorazepam, Zolpidem, Ritalin, Testosterone, HGH (Human Growth Hormone)
- Less than 28 grams is a Class A misdemeanor punishable with 0-1 year in county jail, and up to $4,000 fine
- 28 grams, but less than 200 grams is a Third Degree felony punishable with 2 to 10 years in a state prison and/or a fine of not more than $10,000
- 200 grams, but less than 400 gramsis a Second Degree felony punishable with 2 to 20 years in a state prison and/or a fine of not more than $10,000
- 400 grams or more is an Enhanced first-degree felony punishable with 5 to 99 years in state prison or life, and a fine not to exceed $50,000
Penalty Group 4
Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including: Opium, Morphine, Motofen, Dangerous Drugs
- Less than 28 grams is a Class B Misdemeanor punishable with 0-180 days in County jail and up to $2,000 fine
- 28 grams, but less than 200 grams is a Third Degree felony punishable with 2 to 10 years in a state prison and/or a fine of not more than $10,000
- 200 grams, but less than 400 grams is a Second Degree felony punishable with 2 to 20 years in a state prison and/or a fine of not more than $10,000
- 400 grams or more is an Enhanced first-degree felony punishable with 5 to 99 years in state prison or life, and a fine not to exceed $50,000
Contact -> The McLarty Law Firm
Criminal defense attorney Chelsi McLarty in Fort Worth is committed to your case from arrest until disposition. We will diligently defend you on any criminal case ranging from a drug possession fort worth misdemeanor to a felony charge.
- Selected as a 2019-2023 "Super Lawyers Rising Star" and featured as a Super Lawyer in Texas Monthly Magazine
- Recognized as a Fort Worth Top Attorney 2014 - 2023
- Named a 2017 - 2023 Top Attorney in Fort Worth by 360 West Magazine
- Named a 2017 Ten Best Criminal Defense Attorney by the American Institute of Criminal Law Attorneys
- Recognized by Tarrant County Judge Brent Carr as an Outstanding Contributor to the RISE Program in 2016
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