West Texas Criminal Defense Attorney for Drug Offenses

Texas drug charges are complicated and can be confusing, even to people who deal with them regularly. If you’ve been charged with a drug crime in Lubbock or West Texas, contact me today for a free consultation for your criminal case. As a criminal defense lawyer with years of experience defending clients in the criminal justice system, I can explain in further detail the specifics of your charge, what penalties you could be facing, what your rights are in drug cases, and what I do to provide a strong defense for my clients.

Controlled Substance Penalty Groups in Texas

The Texas Controlled Substances Act divides categories of drugs into various “penalty groups” that are used to determine the classification of your criminal charge and the penalties you can receive for different drug offenses. The penalties you could face for a drug arrest can also vary greatly depending on the amount of the controlled substance that is involved in the offense.

Marijuana Group

Marijuana, or “Marijuana”, as the Texas statutes call it, is classified in its own penalty group. The legal definition of marijuana includes the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.

Relevant Statute:

Texas Health and Safety Code § 481.002(26) — Definition of Marijuana

Penalty Groups 1 and 1A

Common controlled substances that are classified as Penalty Group 1 include:

Penalty Groups 1 and 1A
Opiates
Opium derivatives such as heroin, codeine, and morphine
Opium and its chemical equivalents
Cocaine
Flunitrazepam (Rohypnol or “roofies”)
Methamphetamine
PCP
GHB
Ketamine

Penalty Group 1-A includes LSD and similar compounds.

Relevant Statutes:

Texas Health and Safety Code § 481.102 — Penalty Group 1

Texas Health and Safety Code § 481.1021 — Penalty Group 1-A

Penalty Group 2 and 2-A

The following substances are included in Penalty Group 2:

Penalty Group 2 and 2-A
Hallucinogenic substances such as DMT, synthetic THC, MDMA, BZP, psilocybin, and mescaline
Phenylacetone
Other depressant/stimulant compounds such as amphetamine, Vyvanse, and Qualuude
Compounds derived from 2-aminopropanal such as MDPV and mephedrone.

Penalty Group 2-A consists of synthetic chemical compounds that mimic the pharmacological effects of naturally-occurring cannabinoids.

Relevant Statutes:

Texas Health and Safety Code § 481.103 — Penalty Group 2

Texas Health and Safety Code § 481.1031 — Penalty Group 2-A

Penalty Group 3

The drugs that are classified as Penalty Group 3 include:

Penalty Group 3
Compounds containing stimulants such as Ritalin and Preludin
Compounds containing depressants such as Xanax, Ativan, and Klonopin
Nalorphine
Compounds containing limited quantities of narcotics such as codeine, morphine, or difenoxin
Compounds containing other substances such as barbiturates and chloral hydrates
Peyote
Compounds containing other stimulants such as appetite suppressants
Dextropropoxyphene
Anabolic steroids

Relevant Statute:

Texas Health and Safety Code § 481.104 — Penalty Group 3

Penalty Group 4

Finally, Penalty Group 4 contains the following substances:

Penalty Group 4
Compounds containing limited quantities of narcotics that include non-narcotic active medicinal ingredients such as codeine, morphine, difenoxin
Compounds containing Buprenorphine or Butorphanol
Compounds containing pyrovalerone

Relevant Statute:

Texas Health and Safety Code § 481.105 — Penalty Group 4

Categories of Texas Drug Offenses

The law identifies three basic categories of drug offenses that will also affect the classification of your criminal charge and the penalties you can receive:

Categories of Texas Drug Offenses
Possession (Having the drug)
Manufacture (Making the drug)
Delivery (Selling the drug)

Possession

Possession is defined as having actual care, custody, control, or management of a controlled substance, counterfeit substance, or drug paraphernalia. For you to be convicted of drug possession, the prosecutor must prove beyond a reasonable doubt that you knowingly and intentionally possessed or controlled a drug without a valid medical prescription.

Relevant Statutes:

Texas Health and Safety Code § 481.002(38) — Definition of Possession

Texas Health and Safety Code § 481.121 — Possession of Marijuana

Texas Health and Safety Code § 481.115 — Possession of Substance in Penalty Group 1

Texas Health and Safety Code § 481.1151 — Possession of Substance in Penalty Group 1-A

Texas Health and Safety Code § 481.116 — Possession of Substance in Penalty Group 2

Texas Health and Safety Code § 481.1161 — Possession of Substance in Penalty Group 2-A

Texas Health and Safety Code § 481.117 — Possession of Substance in Penalty Group 3

Texas Health and Safety Code § 481.118 — Possession of Substance in Penalty Group 4

Manufacture and Delivery

Manufacture includes any activity involved in making a controlled substance other than marijuana, including the packaging or repackaging of the substance or labeling or relabeling of its container. Delivery is the act of transferring a controlled substance, counterfeit substance, or drug paraphernalia to someone else (usually through sale) or simply offering to sell any of these.

Relevant Statutes:

Texas Health and Safety Code § 481.002(8)-(9) — Definition of Delivery

Texas Health and Safety Code § 481.002(25) — Definition of Manufacture

Texas Health and Safety Code § 481.120 — Delivery of Marijuana

Texas Health and Safety Code § 481.112 — Manufacture or Delivery of Substance in Penalty Group 1

Texas Health and Safety Code § 481.1121 — Manufacture or Delivery of Substance in Penalty Group 1-A

Texas Health and Safety Code § 481.113 — Manufacture or Delivery of Substance in Penalty Group 2 or 2-A

Texas Health and Safety Code § 481.114 — Manufacture or Delivery of Substance in Penalty Group 3 or 4