Drug Penalty Groups Crimes Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Were you arrested in North Texas for any kind of alleged crime involving a controlled substance? You should not say anything to authorities until you have contacted [firm]. Contact the Law Offices of Richard C. McConathy today at (972) 597-2037 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.Texas Drug Penalty Groups Classifications
Chapter 481 of the Health and Safety Code is known as the Texas Controlled Substances Act. Sections 481.102 through 481.105 sort controlled substances into the following penalty groups:- Penalty Group 1 — Includes cocaine, flunitrazepam (Rohypnol), methamphetamine, gamma hydroxybutyric acid (gamma hydroxybutyrate, GHB), ketamine, phencyclidine (PCP), phenylacetone, and methylamine (when possessed together with the intent to manufacture methamphetamine), opium, and several other opiates and opium derivatives;
- Penalty Group 1-A— Includes lysergic acid diethylamide (LSD) and several other chemical compounds;
- Penalty Group 2— Includes 3,4-methylenedioxy methamphetamine (MDMA, Molly, or Ecstasy), 3,4-methylenedioxypyrovalerone (MDPV), mescaline, psilocybin, and several other hallucinogenic substances;
- Penalty Group 2-A— Includes synthetic cannabinoids and any material, compound, mixture, or preparation that contains any quantity of a natural or synthetic chemical substance;
- Penalty Group 3— Includes diazepam (Valium), alprazolam (Xanax), methylphenidate (Ritalin), and materials, compounds, mixtures, or preparations containing limited quantities of other enumerated narcotic drugs; and
- Penalty Group 4— Includes materials, compounds, mixtures, or preparations containing any quantity of buprenorphine, butorphanol, pyrovalerone, or other enumerated narcotic drugs.
Drug Crime Penalties by Texas Drug Penalty Groups
Chapter 481 of the Health and Safety Code also establishes the following offenses related to controlled substances:|
Manufacture or Delivery of Penalty Group 1 Controlled Substance, Health and Safety Code § 481.112 |
Less than 1 gram |
State Jail Felony |
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1 gram or more but less than 4 grams |
Second-Degree Felony |
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4 grams or more but less than 200 grams |
First-Degree Felony |
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200 grams or more but less than 400 grams |
Minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000 |
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400 grams or more |
Minimum of 15 years up to life or 99 years in prison and a fine of up to $250,000 |
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Manufacture or Delivery of Penalty Group 1-A Controlled Substance, Health and Safety Code § 481.1121 |
Fewer than 20 abuse units |
State Jail Felony |
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20 or more but fewer than 80 abuse units |
Second-Degree Felony |
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80 or more but fewer than 4,000 abuse units |
First-Degree Felony |
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4,000 or more abuse units |
Minimum of 15 years up to life or 99 years in prison and a fine of up to $250,000 |
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Manufacture or Delivery of Penalty Group 2 or 2-A Controlled Substance, Health and Safety Code § 481.113 |
Less than 1 gram |
State Jail Felony |
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1 gram or more but less than 4 grams |
Second-Degree Felony |
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4 grams or more but less than 400 grams |
First-Degree Felony |
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400 grams or more |
Minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000 |
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Manufacture or Delivery of Penalty Group 3 or 4 Controlled Substance, Health and Safety Code § 481.114 |
Less than 28 grams |
State Jail Felony |
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28 grams or more but less than 200 grams |
Second-Degree Felony |
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200 grams or more but less than 400 grams |
First-Degree Felony |
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400 grams or more |
Minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000 |
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Possession of Penalty Group 1 Controlled Substance, Health and Safety Code § 481.115 |
Less than 1 gram |
State Jail Felony |
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1 gram or more but less than 4 grams |
Third-Degree Felony |
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4 grams or more but less than 200 grams |
Second-Degree Felony |
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200 grams or more but less than 400 grams |
First-Degree Felony |
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400 grams or more |
Minimum of 10 years up to life or 99 years in prison and a fine of up to $100,000 |
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Possession of Penalty Group 1-A Controlled Substance, Health and Safety Code § 481.1151 |
Fewer than 20 abuse units |
State Jail Felony |
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20 or more but fewer than 80 abuse units |
Third-Degree Felony |
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80 or more but fewer than 4,000 abuse units |
Second-Degree Felony |
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4,000 or more but fewer than 8,000 abuse units |
First-Degree Felony |
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8,000 or more abuse units |
Minimum of 15 years up to life or 99 years in prison and a fine of up to $250,000 |
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Possession of Penalty Group 2 Controlled Substance, Health and Safety Code § 481.116 |
Less than 1 gram |
State Jail Felony |
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1 gram or more but less than 4 grams |
Third-Degree Felony |
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4 grams or more but less than 400 grams |
Second-Degree Felony |
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400 grams or more |
Minimum of five years up to life or 99 years in prison and a fine of up to $50,000 |
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Possession of Penalty Group 2-A Controlled Substance, Health and Safety Code § 481.1161 |
2 ounces or less |
Class B Misdemeanor |
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4 ounces or less but more than 2 ounces |
Class A Misdemeanor |
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5 pounds or less but more than 4 ounces |
State Jail Felony |
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50 pounds or less but more than 5 pounds |
Third-Degree Felony |
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2,000 pounds or less but more than 5 pounds |
Second-Degree Felony |
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More than 2,000 pounds |
Minimum of five years up to life or 99 years in prison and a fine of up to $50,000 |
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Possession of Penalty Group 3 Controlled Substance, Health and Safety Code § 481.117 |
Less than 28 grams |
Class A Misdemeanor |
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28 grams or more but less than 200 grams |
Third-Degree Felony |
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200 grams or more but less than 400 grams |
Second-Degree Felony |
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400 grams or more |
Minimum of five years up to life or 99 years in prison and a fine of up to $50,000 |
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Possession of Penalty Group 4 Controlled Substance, Health and Safety Code § 481.118 |
Less than 28 grams |
Class B Misdemeanor |
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28 grams or more but less than 200 grams |
Third-Degree Felony |
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200 grams or more but less than 400 grams |
Second-Degree Felony |
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400 grams or more |
Minimum of five years up to life or 99 years in prison and a fine of up to $50,000 |
