If you have been charged with drug related offense in Houston, Texas, call our office at 281-868-8352 or fill out a consultation request form. We answer phones 24/7.
DRUG DEFENSE ATTORNEY
When charged with a drug related offense, whether it be manufacture, delivery, or possession, it is important to know that different substances carry different penalties if convicted at trial. For example, a drug related offense under Penalty Group 1 will carry with it far greater consequences than a drug related offense in Penalty Group 4. If you have been charged with a drug related offense, you should seek legal advice.
Although some states have relaxed their laws on marijuana, there can still be significant penalties under federal law, or under state law depending on the amount of marijuana you have on your person. If you have been charged with a drug related crime in Houston, Texas, call our office so we can help.
HOW ARE DRUGS CLASSIFIED?
The Texas Health & Safety Code (Texas Controlled Substances Act – Chapter 481) defines the different drug penalty groups to which drugs, like controlled substances and marijuana, are assigned. The state of Texas recognizes eight penalty groups (PG):
- Penalty Group 1
- Penalty Group 1-A
- Penalty Group 2
- Penalty Group 2-A
- Penalty Group 3
- Penalty Group 4
- Dangerous Drugs
- Marijuana
DRUG CRIMES AND PENALTIES
Different drug crimes will carry with them different penalties depending on the type of drug and the amount of drugs. There are also significant enhancements that might be applied based on previous convictions and the penalty group of the drug.
Penalty Group 1
Drugs in this penalty group are mostly narcotics and are heavily regulated. Drugs in this class include opioids (e.g. codeine, hydrocodone, oxycodone), opium derivatives (heroin), cocaine, ketamine, hallucinogens, and others.
- Less than 28 grams
- Manufacture or delivery (State-jail felony)
- Possession (State-jail felony)
- 1 gram - 4 grams
- Manufacture or delivery (Second degree felony)
- Possession (Third degree felony)
- 4 grams - 200 grams
- Manufacture or delivery (First degree felony)
- Possession (Second degree felony)
- 200 grams - 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 10-99 years or life in prison
- up to $100,000 fine
- Possession (First degree felony)
- Manufacture or delivery (Enhanced first degree felony)
- More than 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 15-99 years or life in prison
- up to $250,000 fine
- Possession (Enhanced first degree felony)
- 10-99 years or life in prison
- up to $100,000 fine
- Manufacture or delivery (Enhanced first degree felony)
Penalty Group 1-A
Drugs in this penalty group includes LSD, which is not determined by grams. Rather, drugs in this penalty group is determined by units.
- Less than 20 units
- Manufacture or delivery (State-jail felony)
- Possession (State-jail felony)
- 20 units to 80 units
- Manufacture or delivery (Second degree felony)
- Possession (Third degree felony)
- 80 units to 4000 units
- Manufacture or delivery (First degree felony)
- Possession (Second degree felony)
- 4000 units - 8000 units
- Manufacture or delivery (Enhanced first degree felony)
- 10 - 99 years or life in prison and up to $100,000 fine .
- Possession (First degree felony)
- Manufacture or delivery (Enhanced first degree felony)
- More than 8000 units
- Manufacture or delivery (Enhanced first degree felony)
- 15 - 99 years or life in prison and up to $250,000 fine.
- Possession (Enhanced first degree felony)
- 15 - 99 years or life in prison and up to $250,000 fine.
- Manufacture or delivery (Enhanced first degree felony)
Penalty Group 2
Drugs in this penalty group includes hallucinogenic substances including PCP, Ecstasy, and the like.
- Less than 28 grams
- Manufacture or delivery (State-jail felony)
- Possession (State-jail felony)
- 1 gram - 4 grams
- Manufacture or delivery (Second degree felony)
- Possession (Third degree felony)
- 4 grams - 400 grams
- Manufacture or delivery (First degree felony)
- Possession (Second degree felony)
- More than 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 10-99 years or life in prison
- up to $100,000 fine
- Possession (first degree felony)
- Manufacture or delivery (Enhanced first degree felony)
Penalty Group 2-A
Drugs in this penalty group include compounds that try to mimic that of marijuana cannabinoids such as K2.
- Less than 1 gram
- Manufacture or delivery (State-jail felony)
- Possession less than 2 ounces (class B misdemeanor)
- 1 gram - 4 grams
- Manufacture or delivery (Second degree felony)
- Possession 2-4 ounces (Class A misdemeanor)
- 4 grams - 400 grams
- Manufacture or delivery (First degree felony)
- Possession of 4 ounces - 5 pounds (State-jail felony)
- More than 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 10-99 years or life in prison
- up to $100,000 fine
- Possession
- 50 pounds - 2,000 pounds (first degree felony)
- More than 2,000 pounds (First degree felony, up to $50,000 fine)
- Manufacture or delivery (Enhanced first degree felony)
Penalty Group 3
Drugs in this penalty group include sedatives such as Valium, anabolic steroids, Ritalin, and other anti-depressant and stimulant prescription drugs.
- Less than 28 grams
- Manufacture or delivery (State-jail felony)
- Possession (Class A misdemeanor)
- 28 grams to 200 grams
- Manufacture or delivery (Second degree felony)
- Possession (Third degree felony)
- 200 grams to 400 grams
- Manufacture or delivery (First degree felony)
- Possession (Second degree felony)
- More than 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 10 - 99 years or life in prison and up to $100,000 fine.
- Possession (Enhanced first degree felony)
- 5 - 99 years or life in prison and up to $50,000 fine.
- Manufacture or delivery (Enhanced first degree felony)
Penalty Group 4
Drugs in this penalty group include sedatives such as Valium, anabolic steroids, Ritalin, and other anti-depressant and stimulant prescription drugs.
- Less than 28 grams
- Manufacture or delivery (State-jail felony)
- Possession (Class B misdemeanor)
- 28 grams to 200 grams
- Manufacture or delivery (Second degree felony)
- Possession (Third degree felony)
- 200 grams to 400 grams
- Manufacture or delivery (First degree felony)
- Possession (Second degree felony)
- More than 400 grams
- Manufacture or delivery (Enhanced first degree felony)
- 10 - 99 years or life in prison and up to $100,000 fine.
- Possession (Enhanced first degree felony)
- 5 - 99 years or life in prison and up to $50,000 fine.
- Manufacture or delivery (Enhanced first degree felony)
MARIJUANA
- Class B Misdemeanor
- Manufacture 1/4 Ounce or less not for payment
- Possession of less than 2 ounces
- Class A Misdemeanor
- Manufacture 1/4 Ounce or less for payment
- Possession of 2 - 4 ounces
- State-Jail Felony
- Manufacture 1/4 ounces - 5 pounds
- Possession of 4 ounces to 5 pounds
- Third Degree Felony
- Possession of 5-50 pounds
- Second Degree Felony
- Manufacture or delivery of 5-50 pounds
- Possession of 50 - 2,000 pounds
- First Degree Felony
- Manufacture or delivery of 50-2,000 pounds
- Possession of more than 2,000 pounds
- Enhanced First Degree Felony
- Manufacture or delivery of more than 2,000 pounds
- 10-99 or life in prison and fine up to $100,000
- Manufacture or delivery of more than 2,000 pounds
