Penalty group 3 texas Jan 1, 2024 · Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4 Current as of January 01, 2024 | Updated by FindLaw Staff (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 3 or 4. Penalty Group 3 – Ritalin, Xanax, benzos, and other stimulants and Codeine not listed in Penalty Group 3 or 4; imprisonment in the Texas Department of Criminal Justice for life 2023 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. The potential penalty for delivery, possession with intent to deliver, or manufacturing a controlled substance in penalty group 1-A depends upon the amount of the controlled substance involved in the crime. ” Fewer than 20 doses. Texas Drug Crime Punishments Can Be Severe Oct 18, 2024 · Penalty Group 2: Penalties for under one gram can be similar to Group 1, with severity increasing as the amount rises. 481. [Effective on 9/1/13] Oct 23, 2020 · Manufacture or delivery of a substance in Penalty Group 2 or 2-A when the drug’s aggregate weight is 1 gram or more; Manufacture, delivery, or possession of a substance in Penalty Group 3 or 4 when the drug’s aggregate weight is 28 grams or more; Possession of a Penalty Group 2 substance when the drug’s aggregate weight is 1 gram or more Dec 12, 2023 · Penalty Group 2. Jun 12, 2024 · Penalties for possession range from two years in state jail for smaller amounts to life imprisonment for larger quantities. Even first-time drug charges can lead to years in prison, depending on the drug’s penalty group and other circumstances in the case. 104, see flags on bad law, and search Casetext’s comprehensive legal database Penalty Group 2A. 001, Agriculture Code, or the tetrahydrocannabinols in hemp. Under Texas Health and Safety Code § 481. 31. Penalty Group 3 Jan 1, 2024 · (3) unless specifically excepted or unless listed in another Penalty Group, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant or stimulant effect on the central nervous system: Penalty Group 3. Felony 1 Felony 2 200 g. Diazepam (Valium). Therefore, the State argues, if the State fails to prove the medicinal quality, the only remaining possibility is that it is codeine not listed in Penalty Group 3 or 4, and thereby, Penalty Group 1 codeine. 678, Sec. Quantity Classification Penalty; Under 28g: State Jail Felony: 180D - 2Y State Jail: 28 to 200g: Felony: 2nd Degree: 2-20 Years TDCJ Nov 11, 2024 · Overview of Texas Drug Classifications. Penalty Group 3 includes drugs with a lower potential for abuse, such as certain prescription medications. Lower back injury, Sexual assaults are acts of ______. 116, possession of a Penalty Group 3 is punishable as follows: Less than 28 grams — Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000 Section 481. Sept. 103. Sep 27, 2021 · To this date, there are six penalty groups (PG1, PG1A, PG2, PG2A, PG3, and PG4), each of which has a different classification and penalty depending on whether the case is about manufacturing or substance possession. (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Methylphenidate and its salts; and Phenmetrazine and its salts; (2) pursuant to the texas controlled substances act, health and safety code, chapter 481, these schedules supercede previous schedules and contain the most current version of the Penalty Group 3. Nov 30, 2024 · Facing charges for possession of a controlled substance (Poss CS) from Penalty Group 3 (PG 3) for an amount less than 28 grams in Austin, Texas, can be daunting. but less than 4 g. , such as heroin, marijuana, LSD, PCP, and crack cocaine. At the Law Office 2023 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. 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). Under Penalty Group 3, both the classification of the Xanax charge and the punishment for possession of Xanax depend on the weight of the drug. Penalty Group 3. Penalty group 3 drugs mainly includes depressants and stimulants, including valium, Xanax, and Ritalin. Our goal is a dismissal. Read the code on FindLaw Penalty Group 1-A. Penalty Group 3 drugs include notable Texas Health and Safety Code Chapter 481 governs drug offenses in Texas. Be that as it may, all of the drugs across all four groups are felonies that have the potential of prison time. Mar 15, 2022 · Nearly all controlled substance crimes are felonies, with the exception of possession of less than 28 grams of Penalty Group 3 and 4 substances or less than 4 oz of Penalty Group 2A substances. Phenmetrazine and its salts; Texas Health and Safety Code. 104. 1) Select one: a. 105. Texas Drug Penalty Groups 3 & 4. 104 - Penalty Group 3, Tex. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4 Aug 12, 2022 · Based on where a drug falls within its scheduling classification – and its potential harm – each substance falls within a “Penalty Group” under Texas Law. Current as of January 01, 2024 | Updated Penalty Group 1 drugs carry the stiffest penalty, while Penalty Group 4 drugs have the most lenient sentencing ranges. (6)AA"Controlled substance analogue (c) Penalty Group 3 does not include a compound, mixture, or preparation containing a depressant substance listed in Subsection (a)(2) or (a)(5) if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included in combinations, quantity, proportion, or concentration that Jul 14, 2020 · Texas Drug Penalty Groups 3 & 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1. 2. The “penalty groups” identify particular substances. 116. PENALTY GROUP 3 Classification for AND that is not included in Schedules I through V or Penalty Groups 1 through 4 as listed in the Texas Controlled Substances Classification of Drug Crimes in Texas. Text of subsection effective until September 01, 2021 (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person: Jan 1, 2024 · Texas Health and Safety Code HEALTH & SAFETY TX HEALTH & S Section 481. 102 – 481. Penalty The Texas law against manufacture or delivery of substance in Penalty Group 3 or 4 prohibits making, producing, transporting, transferring, or otherwise possessing with the intent to deliver a controlled substance listed in Penalty Group 3 and Penalty Group 4. Mar 8, 2024 · The Texas legislature codified this criminal offense in Texas Health and Safety Code Section 481. Most substances found under penalty group 3 are generally classified as depressants. Penalty Groups 3 and 4: Punishments are milder, but depending on the quantity, they can still result in misdemeanor or felony charges. 124. 102. Penalty Group 1 includes drugs that are considered to have a high potential for abuse and no accepted medical use, such as heroin, methamphetamine, and LSD. The punishments for a drug crime are determined in Texas using penalty groups. Penalty Group 3 – Drugs found under penalty group 3 have a mid-level potential of abuse and can be used for medical purposes in some situations. (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. Xanax. 2023 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD. Texas law categorizes drug crimes based on the type and quantity of the controlled substance involved. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. Quantity Classification Penalty; Under 28g: State Jail Felony: 180D - 2Y State Jail: 28 to 200g: Felony: 2nd Degree: 2-20 Years TDCJ 2021 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. Penalty Group 3 includes drugs such as diazepam, barbital, peyote, and saliva divinorum. 105, controlled substances (drugs) are classified into one of four different penalty groups: Controlled substances categorized under Penalty Group 3 are prescription only stimulant or depressant narcotics that have the potential for addiction. The law was not amended in 2023. 122. What About Marijuana? Marijuana is classified differently under Texas law, but there are still consequences for possession. 12. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. Texas Penalty Group 4: Penalty Group 4 includes: Drugs with limited amounts of narcotics that also contain non-narcotic medicines, such as those containing less than 200 milliliters of codeine per 100 milliliters. S. Texas code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 Vernon's Texas Civil Statutes. CAPITAL FELONY. Penalty Group 1 consists of: (1) the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: Mar 13, 2015 · Sec. 102, see flags on bad law, and search Casetext’s comprehensive legal database Nov 7, 2021 · Penalty Group 3. Hoeller Mclaughlin PLLC offers experienced drug lawyers that can help you fight your THC and edibles drug possession charge. Health & Safety Code § 481. A drug charge that involves meth It makes Penalty Group 4 the lowest tier. Each punishment group is divided into subgroups based on its medical applications and abuse potential. Less than 28 grams is a class A misdemeanor (maximum of one year in jail and a $4,000 fine). Feb 18, 2023 · Opioids not contained in Penalty Group 1; Texas drug laws: Penalty Group 4. 1, eff. 117. 102 - Penalty Group 1, Tex. Many drugs under this group have a high risk for abuse and addiction. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2. 1, 1989. 106. Penalty group 3 includes opioids and opiates not listed in Penalty Group 1, benzodiazepines, and sedatives like Valium and others, anabolic steroids, methylphenidate (commonly known as Ritalin), and other prescription drugs that have either a stimulant or depressant effect and potential for abuse. 1021. Sec. Jun 24, 2024 · All benzodiazepines are considered Penalty Group 3 drugs in Texas, which means that possession charges come with steep penalties, but not penalties quite as steep as those for cocaine possession, heroin possession, or possession of other popular opium derivatives. The only drug listed in the federal drug schedules that isn't in a Texas drug penalty group is marijuana, which is treated differently under state law. Offense: Manufacture or Delivery of Substance in Penalty Group 3 or 4 statute (Penalty Group 4), is Applicant actually guilty of the higher tier offense (Penalty Group 1) ? In analyzing this question, we look to the statute itself. 1. Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. Phenmetrazine and its salts; May 17, 2023 · What Are the Penalty Group 3 Drugs? If you go over section 481. Felony 2 Felony 3 4 g. Alcohol consumption d. Most hallucinogens will be found in the penalty group 2 drugs, including ecstasy, PCP, and mushrooms. Possession of a controlled substance Texas punishments Penalty Group 4. 041 of the May 19, 2015 · Sec. Acts 1989, 71st Leg. Texas law separates controlled substances into four penalty groups and two sub-penalty groups. This group includes opiates and opioids unlisted by Penalty Group 1 or 3, as well as chemical compounds and some prescription medications with a potential for abuse. • Penalty Group 2 includes phencyclidine (PCP) and 3,4-methylenedioxymethamphetamine (known as Ecstasy, MDMA, Molly); The penalties for both Group 1-A and Group 2 start from 180 days to two years of incarceration for possessing less than one gram. Penalty Group 3; Section 481. Miles, 357 S. Polyunsaturated fats b. Less than 28 grams. Penalty Group 3 – Drugs found in penalty group 3 are frequently used in the medical field. Sec. Contact us at 817-334-7900. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. Penalty Groups in Texas. Jan 1, 2024 · Texas Health and Safety Code HEALTH & SAFETY TX HEALTH & S Section 481. Jul 15, 2022 · The penalty group 2 drugs are considered to be less dangerous than those in group 1. 3d at 636. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. Penalty Group 4 – Penalty Group 4 includes compounds with small amounts of codeine or opium. 2021 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. What is a controlled substance? Texas Health and Safety Code Section 481. As noted above, Texas law measures quantity in doses or “abuse units. PENALTY GROUP 3. Penalty Group 2-A; Section 481. Texas Health and Safety Code Section 481. Jun 4, 2019 · The State of Texas, however, has developed its own drug classification system outside the Controlled Substances Act of 1970. Read Section 481. The Texas Controlled Substances Act classifies drugs into penalty groups, with Penalty Group 1 including the most dangerous and addictive drugs, such as cocaine, heroin, and methamphetamine. , ch. Flashcards; Learn; Test; Match; Q-Chat; Penalty Group 1 Manufacture / Delivery - 10 -99 years, $100,000. 005, Health and Safety Code, is Dihydrocodeine not listed in Penalty Group 3 or 4 Texas Xanax Possession Lawyers. While drugs in this group have the lowest risk of abuse, they also have recognized medical uses. com Understanding these penalty groups is vital if you’re facing drug charges in Texas because the judge will use them as a sentencing guide if you are convicted. Sep 28, 2016 · Sec. We have offices in Fort Worth and Colleyville. Codeine not listed in Penalty Group 3 or 4; imprisonment in the Texas Department of Criminal Justice for life The Texas Health and Safety Code divides different substances into different control groups. Texas Drug Penalty Groups Classifications. The legislature most recently amended the law in 2021 by adding Penalty Group 1-B drugs to the list of controlled substances covered under this law. 002 defines a “controlled substance” as a substance, including a drug, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. AAThe term does not include hemp, as defined by Section 121. 105 list the penalty groups and their associated controlled substances. Jun 30, 2016 · Controlled substance offenses are governed by the Texas Health and Safety Code and divided by penalty groups. 1031. Phenmetrazine and its salts; Jan 1, 2024 · (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Jan 1, 2024 · (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. 10-99 yrs. The crime is a state jail felony. 1161(b)(3) Possession of a Controlled Substance Penalty Group 2-A: 1 pound or less This does not apply if a jury assesses punishment of a state jail felony offense as laid out above and does not recommend probation. In order to prove that Appellant is guilty of the greater offense we need to, once again, look at the statute. Group 1 carries the largest potential sentencing range, while a conviction for a drug in penalty group 4 will normally have a lower 2021 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. The controlled substances in Penalty Group 1 include most opiates and opium derivatives, as well as other drugs that the Texas government deems particularly dangerous, such as cocaine and methamphetamine. 108. Penalties in this group can be severe, though they may vary compared to Group 1 substances. Additionally, Penalty Group 3 includes benzodiazepines, anabolic steroids, and sedatives such as Ritalin Study with Quizlet and memorize flashcards containing terms like In addition to cardiovascular problems and the peptic ulcer, which of the following is one of the primary physical disablers for law enforcement officers? (1. Penalties vary according to the amount possessed. 104, Penalty Group 3 includes alprazolam (Xanax), diazepam (Valium), zolpidem (Ambien), and methylphenidate (Ritalin); Less than 28 grams is a State Jail Felony. 112. It’s worth noting that a marijuana possession charge is treated somewhat differently and is in something of a class all its own. For instance, possession of fewer than 28 grams of codeine can result in a Class A misdemeanor, with a possible sentence of up to one year in jail and a fine of up to $4,000. 102 through 481. Penalty Group 2; Section 481. If we are talking promethazine only with no substances listed in any penalty group, then the offense is possession of a dangerous drug under 483. The Texas Health & Safety Code establishes different tiers of punishment for codeine possession: • Penalty Group 1: “Codeine not listed in Penalty Group 3 or 4. In particular this blog details consequences for persons charged with possessing substances that fall into Penalty Groups 3 and 4. Mar 21, 2024 · Sec. Possession of Penalty Group 3 Controlled Substance, Health and Safety Code § 481. Penalty Group 1: methamphetamine, heroin, cocaine, oxycodone, opium, methadone, ketamine and over 300 mg of Penalty Group 3: Certain prescription drugs, such as Ritalin, Ativan, and Tramadol; anabolic steroids. Penalty Group 1-B; Section 481. . 114. Penalty Group 4: Other prescription drugs not listed elsewhere with potential for abuse and addiction. Penalty Group 1 includes drugs that can be harmful and deadly to users, and are frequently involved in criminal drug trafficking enterprises. It groups drugs by penalty group numbers according to their abuse potential, medical use, and hazards to public health. Xanax is a prescription drug that is often used illegally. AAThe term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. Offenses and Penalties Section 481. with significant potential for abuse. According to the statute that defines possession of a controlled substance Texas, the penalties in this category start with a $2,000 fine, 180 days or 2 years in jail, or both for someone possessing less than 1 gram of the In Texas, possessing Penalty Group 3 drugs without a valid prescription is illegal and can result in legal consequences, including imprisonment, fines, and a criminal record. Common Defenses Against Texas Drug Charges Texas Health & Safety Code § 481. (29. W. Penalty Group 1 is comprised of the drugs most likely to cause abuse and addiction that have no recognized medical use. 106, Health and Safety Code, to provide that, for the purposes of the prosecution of an offense under Subchapter D (Offenses and Penalties) involving the manufacture, delivery, or possession of a controlled substance, certain penalty groups, including Penalty Group 1-B, include certain controlled substance analogues. Oct 4, 2024 · Penalty Group 1B – Fentanyl. Instead of schedules, it categorizes drugs into penalty groups: Penalty group 1 — This group contain opioids, opiates, and opium derivatives such as heroin, cocaine, meth, ketamine, oxycodone, hydrocodone. Penalty Group 1 includes the most highly regulated drugs often considered the most dangerous and addictive, such as heroin, cocaine, LSD, ketamine, methamphetamine, and opioids. (e) Provides that an offense under Subsection (a) (relating to providing that a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1, except as authorized by Chapter 481 (Texas Controlled Substances Act)) is a felony of the first degree The Penalty Groups Under Texas Law Under the Texas Controlled Substances Act , controlled substances are divided into four categories, known as Penalty Groups. etc. Smoking c. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1. Understanding these penalty groups is vital if you’re facing drug charges in Texas because the judge will use them as a sentencing guide if you are convicted. AASection 193. frustration b Jan 1, 2024 · (a) Except as authorized by this chapter, a person commits an offense if the person knowingly possesses a controlled substance listed in Penalty Group 2-A, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. 111. Any opioids and opiates that are not covered under Penalty Group 1 are listed under this group. 2022 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. Nov 2, 2023 · The Texas Controlled Substances Act categorizes drugs into Penalty Groups 1 to 4 (PG-1, PG-1A, PG-1B, PG-2, PG-2A, PG-3, and PG-4). Lorazepam. In Texas, drug possession is a serious offense governed by strict laws under the Texas Controlled Substances Act. Preparatory Offenses; Section 481. Read the code on FindLaw Penalty Group 1-B. Penalty Group 1 Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. Penalty Group 4. After all, the list covers many of the popular sleeping aids, tranquilizers, and CNS depressants out there. “Analogs” of the Penalty Group 1 drugs (designer drugs that are chemically similar to a listed drug and that produce (3) a state jail felony if the controlled substance is listed in Penalty Group 3 or 4; or (4) a Class A misdemeanor if the controlled substance is listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. For anyone that’s taken a Chemistry class at any level, you’ll know that chemical compounds can be created, mixed, added to. A breakdown of penalty groups will look something like this: Apr 3, 2020 · • Penalty Group 1-A encompasses lysergic acid diethylamide (LSD) and similar substances. See full list on criminaldefenselawyer. Texas code for Group 2 Drugs: Contains hallucinogens and other similar substances, including MDMA (ecstasy), phencyclidine (PCP), and amphetamines. Less than 200 grams but more than 28 grams is a Second Degree Felony. Penalty Group 3 Sec. Penalty Group 3 Jul 18, 2024 · 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. Penalty Group 3: The illegal drugs under this classification Codeine (not listed in Penalty Group 3 or 4) Cody Captain Cody Lean Sizzurp Purple Drank Dihydroetorphine Ethylmorphine (not listed in Penalty Group 3 or 4) Dionine Granulated opium Hydrocodone not listed in Penalty Group 3 Vicodin Norco Hydromorphone Dilaudid Dust Metopon Morphine not listed in Penalty Group 3 M Miss Emma Monkey Opium extracts Codeine not listed in Penalty Group 3 or 4; Dihydroetorphine; Ethylmorphine not listed in Penalty Group 3 Apr 29, 2024 · Penalty Group 3 – Penalty Group 3 includes anabolic steroids, Xanax, and lorazepam. Drugs containing small Feb 8, 2016 · The Texas Health & Safety Code contains the Texas Controlled Substances Act that categorizes various drugs into “penalty groups”. Texas law lists Xanax as a Penalty Group 3 drug, meaning any possession of it outside of a prescription can be tried as a criminal offense. This group involves possession of substances that replicate cannabinoids, which includes K2 or Spice. Apr 19, 2023 · Possession of Controlled Substances: Penalty Group 3. Penalty Group 1 Amends Section 481. Phenmetrazine and its salts; Then the state has six “Penalty Groups” that are as follows: 1, 1-A, 2, 2-A, 3, or 4. Penalty Group 2A – Synthetic cannabinoids or marijuana, including spice and K2. Penalty Group 2-A Sec. Section 481. Examples include: 2023 Texas Statutes Health and Safety Code Title 6 - Food, Drugs, Alcohol, and Hazardous Substances Subtitle C - Substance Abuse Regulation and Crimes Chapter 481 - Texas Controlled Substances Act Subchapter D. THC is a felony penalty group 2 drug in Texas. 104 of the Texas Health and Safety Code, odds are you’ll recognize a lot of the names under Penalty Group 3, even without their trade names. The Texas Health and Safety Code, Sections 481. Penalties for drugs in this group are comparable to those for the drugs in Group 3. PENALTY GROUPS FOR PARTICULAR OFFENSES PENALTY GROUP DELIVERY OR MANUFACTURE POSSESSION PENALTY GROUP 1 (Cocaine, Methamphetamine) Less than 1 g. For these substances, penalties range from a year in jail for small amounts to 20 years in prison for larger Penalty Group 1. Offense The penalties for possession are similar to Penalty Group 3, with small amounts resulting in a Class B Misdemeanor and amounts over 28 grams constituting a felony. Even a small quantity can lead to significant legal consequences under the law, making it vital to understand what you’re up against. 117 - Offense: Possession of Substance in Penalty Group 3 (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. Texas code for Group 3 Drugs: Jan 1, 2024 · Texas Health and Safety Code HEALTH & SAFETY TX HEALTH & S Section 481. Learn about the drugs, penalties, and defenses for Drug Penalty Group 3 offenses in Texas. The Texas law against possession of substance in Penalty Group 3 prohibits having care, custody, or control of a controlled substance listed in Penalty Group 3. The next tier, Penalty Group 3 codeine, requires a higher codeine concentration and that the active ingredient be at therapeutic levels. Dec 12, 2024 · Texas Drug Possession Laws. Penalty Group 2: It includes drugs like Ecstasy, Phencyclidine (PCP), Hashish, and other cannabinoids from marijuana. Read the code on FindLaw Opium and opiate not listed in Penalty Group 3 or 4, and a Mar 13, 2015 · Sec. 10) Select one: a. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice. Jun 14, 2013 · Summary (2013-06-14) Relating to the addition of Salvia divinorum and its derivatives and extracts to Penalty Group 3 of the Texas Controlled Substances Act. This group encompasses some prescription drugs, including Xanax, Klonopin, Testosterone, anabolic steroids, and other drugs widely used in medicine but also have a mid-level potential of abuse. Penalty Group 1 codeine, on the other hand, is defined as codeine that is not listed in Penalty Group 3 or 4. May 7, 2015 · (6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds. Xanax is listed under Penalty Group 3 of the Texas Health and Safety Code. 002 defines a “controlled substance” as a substance, including a drug, listed in Schedules I through V or (e) An offense under Subsection (a) is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more Sec. Penalty Group 4; Section 481. Penalty group classifications are typically one degree lower for possession than manufacture or delivery as long as it involves the same controlled • H&S Code 481. The Texas Restricted Substances Act’s specified penalty classes for controlled substances are listed in Texas Penal Code 481. More than 200, less than Study with Quizlet and memorize flashcards containing terms like Penalty Group 1, Penalty Group 1-A, Penalty Group 1-B and more. Feb 27, 2020 · Choose a proven and capable Texas criminal defense attorney to represent your case, if you are facing these serious charges. but less than 200 g. PENALTY GROUP 1. ” T The punishment for drug possession fort worth, Texas depends on which penalty group the drug falls into and the quantity of the drugs. Contact a Tarrant County Drug Criminal Defense Lawyer for a free consultation. 1022. (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Methylphenidate and its salts; and. I likewise do not see a listing for promethazine in any of the penalty groups. Aug 19, 2022 · The penalty group under Texas State laws includes: Penalty Groups 1 and 1-A: This classification includes drugs like Cocaine, LSD, Heroin, Crystal meth, and Codeine. These Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. Our drug lawyers are all former prosecutors. and 3 of the Texas Controlled Substances Act and the prosecution of criminal offenses involving certain substances listed in Penalty Groups 1, 2, and 3 of that Act. The six penalty groups are: Penalty Group 1; Penalty Group 1A; Penalty Group 2; Penalty Group 2A; Penalty Group 3; Penalty Group 4. Possession Mar 4, 2015 · Sec. or life & $100,000 max Felony 1 The classification of the punishment for the offenses of Possession of Substance in Penalty Group 1 or Penalty Group 1-B ranges from a state jail felony to a first degree felony, depending on the aggregate weight, including adulterants or dilutants, of the drugs in your possession: Less than one gram: a state jail felony. Classification of Controlled Substance Analogue; Section 481. (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Methylphenidate and its salts; and Phenmetrazine and its salts; (2) a material, compound Read Section 481. 115(b) Dec 6, 2024 · Texas Penalty Group 3: Penalty Group 3 includes: Anabolic steroids. Each drug penalty group has its own sentencing range. Nov 12, 2024 · What penalty group is cocaine in Texas? The reason that cocaine possession punishments are so severe is that cocaine is considered a Penalty Group 1 drug in Texas. The most dangerous drugs—such as opiates—are found in the group with the lowest number. Penalty Group 2 – Hallucinogens, central nervous system depressants, MDMA, bath salts, Adderall, PCP, mescaline, Psilocybin, analogs of penalty group 2 drugs. 115. Current as of January 01, 2024 Codeine not listed in Penalty Group 3 or 4; imprisonment in the Texas Department of Criminal Justice for life Mar 13, 2015 · Text of section effective until September 01, 2021. §481. Exemptions; Section 481. Penalty Group 4 contains opioids not enumerated in penalty groups 1 or 3 and more prescription medications with small amounts of codeine, opium, etc. but less than 400 g. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid prescription or order of a BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: Dihydrocodeine not listed in Penalty Group 3 or 4; Diphenoxylate not listed in Penalty Group 3 or 4; Jan 4, 2014 · Texas code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 Vernon's Texas Civil Statutes. In Texas, controlled substances are categorized into four major penalty groups, each with different levels of seriousness and penalties: Penalty Group 1: Includes drugs with a high risk of abuse and no accepted medical use in the U. Under Texas Health & Safety Code §§ 481. 104 Penalty Group 3 Effective: September 1, 2009 (a) Penalty Group 3 consists of: (1) a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system: Possession of a Controlled Substance in Penalty Group 3. There are three main factors which determine the degree of offense for drug possession in Texas; (1) the type of drug; (2) the quantity; and (3) any aggravating circumstances (such as drug-free zone, possession of a weapon when arrested or possession of the drug with intent to deliver). State Jail Felony State Jail Felony 1 g. Penalty Group 2 or 2-A – Penalty Group 2 contains an extensive list of chemicals, but the most notable drugs are synthetic THC and PHP. Penalty Group 1-B The six drug penalty groups under Texas law are: Penalty Group 1; Penalty Group 1A; Penalty Group 2; Penalty Group 2A; Penalty Group 3; Penalty Group 4; Every drug penalty group has a range of potential penalties. dbag qppoqe ztkj dvhmq pfrl uapgqd jbubi udwbsh gaensb xjl