Possession of a Controlled Substance in Texas | Fort Worth Possession Defense

Possession of a controlled substance in Texas refers to the unlawful custody, care, or control over drugs categorized into various penalty groups. Possession of a Controlled Substance in 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 baed on potential for abuse and accepted medical use, although 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.

Possession of a Controlled Substance and Penalty Groups in Texas

The punishment for drug possession in 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. 

Drug Possession in Texas

Drug possession charges are extremely common 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 own 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.

Here’s a look at the penalty groups in Texas and some answers to frequently asked questions.

What is a Controlled Substance in Texas?

A controlled substance is a drug or chemical whose use and distribution is tightly controlled because of its abuse potential or risk. This can include illicit drugs or prescription medications.

What is Possession of a Controlled Substance in Texas?

Under Chapter 481 of the Texas Health and Safety Code – also known as the Texas Controlled Substances Act – an individual can be charged with possession of a controlled substance if he or she knowingly or intentionally possess any of the substances listed in the penalty groups without a valid prescription from a doctor, including drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances and natural substances.

Juveniles are often charged with drug offenses in Texas. Meet our juvenile law specialist.

If your case is in Dallas, visit our Dallas Drug Defense page.

How are Drugs Classified in Texas?

Controlled substances are classified into penalty groups, which are based on the legislature’s beliefs about risks of abuse and whether or not there are accepted medical uses for a drug. Drugs are categorized into Penalty Group 1, 1-A, 1-B (new), 2, 2-A, 3, and 4. Marijuana is in its own separate category, with its own penalties.

Before we go into detail about the various penalty groups for drugs in Texas, here’s a general overview of the penalty groups:

PG1 – Opiates, cocaine, meth, GHB, fentanyl, and ketamine.
PG1A – LSD
PG1B – Fentanyl
PG2 – Hallucinogens, including THC, central nervous system depressants
PG2-A – Synthetic marijuana/cannabinoids
PG3 – Stimulants and depressants like Ritalin, benzos, Xanax
PG4 – Narcotics that include codeine and morphine but have medical value

What are the Abbreviations in Fort Worth Drug Possession Charges?

What are the Drug Penalty Groups in Texas?

In Texas, drugs are classified into Penalty Group 1, 1-A, 2, 2-A, 3 and 4. Here’s a breakdown of each group and their punishment ranges:

Penalty Group 1

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
• Special K – Ketamine
• Oxycontin (Oxycodone)
• Codeine
• GHB
• Opium
• Methadone
• Hydrocodone over 300 grams (including in Vicodin)

Punishment for Possession of a Controlled Substance Penalty Group 1

Penalty Group 1-A

The only controlled substance in penalty group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.

Punishment for Possession of a Controlled Substance Penalty Group 1-A

Penalty Group 1-B

The only controlled substance in penalty group 1-B is Fentanyl , along with its isomers and analogs.

Punishment for Possession of a Controlled Substance Penalty Group 1-B

Fentanyl is a focus of prosecutors across the state. Texas has launched a War on Fentanyl. Prosecutors look for a way to file these as manufacturing or delivery charges and are also filing the newest fentanyl charge: fentanyl murder.