When It Comes to Texas Drug Charges, the Amount and Type of Drugs Matter

Handcuffs and a marijuana leaf on top of criminal fingerprints

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It probably comes as no surprise that the State of Texas takes drug offenses quite seriously. The charges you will face, however, depend upon two major factors that include the type and the amount of drugs you are alleged to possess. Illegal drugs are divided into drug penalty groups that range from the most serious at Penalty Group 1 to the least serious at Penalty Group 4, and it is important to understand the difference.

Penalty Groups

Texas classifies illegal drugs into four major classifications – with two subgroups (one of which is reserved entirely for marijuana). These groups include:

  • Penalty Group 1 – Penalty group 1 includes opiates and opium derivatives like heroin, cocaine, Rohypnol, GHB, PCP, ketamine, meth, and more.

  • Penalty Group 1-A – Penalty group 1-A refers exclusively to LSD.

  • Penalty Group 2 – Penalty group 2 refers to hallucinogenic substances like mescaline, MDMA, DMT, synthetic THC, Quaaludes, amphetamine, BZP, and more.

  • Penalty Group 2-A – Penalty group 2-A refers exclusively to marijuana and to chemical compounds that mimic the effects of naturally occurring cannabinoids.

  • Penalty Group 3 – Penalty group 3 refers to stimulant compounds like Preludin and Ritalin, to depressant compounds like Xanax and Ativan, and to other drugs like codeine, morphine, appetite suppressants, peyote, barbiturates, anabolic steroids, and more.

  • Penalty Group 4 – Penalty group 4 refers to a variety of medications that contain nonnarcotic active medicinal ingredients.

The Amount of Drug Involved

Once the penalty group is established, the amount of drug allegedly in your possession comes into play, and the more you are alleged to possess, the harsher the potential penalties. The consequences apply as follows:

  • Penalty Group 1 – if you are alleged to possess more than 400 grams of a drug in penalty group 1, it is a first-degree felony that is punishable by 10 to 99 years in prison (if not life). If You are alleged to possess less than 1 gram, you will face state jail felony charges that are punishable by from 180 days up to 2 years in jail.

  • And Beyond – From here, the penalties for drug charges lessen but remain significant – ranging from first degree felonies to misdemeanors.

The fact is that, if you are facing drug charges in Texas, the consequences are considerable, and it is in your best interest to work closely with an experienced Killeen criminal attorney.

If You Are Facing Drug Charges, You Need a Skilled Killeen Criminal Attorney on Your Side

A Texas drug conviction carries serious penalties, and if you have been so charged, you need the professional legal counsel of an experienced criminal attorney on your side. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, has extensive experience successfully defending clients just like you, and he is committed to helping you obtain your case’s most positive resolution. We are on your side, so please do not hesitate to contact or call us at 254-501-4040 for more information today.

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