Possession of Controlled Substances
Generally, a controlled substance is a drug or chemical that is regulated by the government. Often, these substances can negatively affect people’s health and welfare. As a result, state and federal governments regulate controlled substances.
Although possessing controlled substance is illegal, there are many circumstances in which people are allowed to have and consume certain drugs. For example, doctors regularly prescribe many types of controlled substances to patients. These prescriptions are filled by local pharmacies and the drugs are used for legitimate medical treatment.
How Are Controlled Substances Categorized?
Under the Texas Controlled Substances Act, “controlled substance” means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V.
In Texas, the commissioner of state health services shall annually establish the schedules of controlled substances. If the commissioner finds the substance has a potential for abuse, the executive commissioner shall adopt a rule controlling the substance.
These annual schedules shall include the complete list of all controlled substances from the previous schedules and modifications in the federal schedules of controlled substances.
- has a high potential for abuse; and
- has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Examples of drugs on the list of Schedule I controlled substances include heroin, LSD, marijuana, peyote and ecstasy.
- the substance has a high potential for abuse;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to severe psychological or physical dependence.
Common drugs on the list of Schedule II controlled substances include Dilaudid, Demerol, OxyContin, Percocet, morphine, opium, codeine, amphetamines (i.e. Dexedrine, Adderall) and methamphetamine.
- the substance has a potential for abuse less than that of the substances listed in Schedules I and II;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Some of the drugs found on the list of Schedule III controlled substances are Vicodin, Tylenol/Codeine, Suboxone, ketamine and anabolic steroids.
- the substance has a lower potential for abuse than that of the substances listed in Schedule III;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to a more limited physical or psychological dependence than that of the substances listed in Schedule III.
A list of Schedule IV controlled substances includes Xanax, Soma, Klonopin, Valium, Ativan, Versed, Restoril and Halcion.
- has a lower potential for abuse than that of the substances listed in Schedule IV;
- has currently accepted medical use in treatment in the United States; and
- may lead to a more limited physical or psychological dependence liability than that of the substances listed in Schedule IV.
A list of Schedule V controlled substances consists of preparations that contain limited quantities of narcotics, including cough syrups that contain codeine.
- has a high potential for abuse; and
- has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Examples of drugs on the list of Schedule I controlled substances include heroin, LSD, marijuana, peyote and ecstasy.
- the substance has a high potential for abuse;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to severe psychological or physical dependence.
Common drugs on the list of Schedule II controlled substances include Dilaudid, Demerol, OxyContin, Percocet, morphine, opium, codeine, amphetamines (i.e. Dexedrine, Adderall) and methamphetamine.
- the substance has a potential for abuse less than that of the substances listed in Schedules I and II;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Some of the drugs found on the list of Schedule III controlled substances are Vicodin, Tylenol/Codeine, Suboxone, ketamine and anabolic steroids.
- the substance has a lower potential for abuse than that of the substances listed in Schedule III;
- the substance has currently accepted medical use in treatment in the United States; and
- abuse of the substance may lead to a more limited physical or psychological dependence than that of the substances listed in Schedule III.
A list of Schedule IV controlled substances includes Xanax, Soma, Klonopin, Valium, Ativan, Versed, Restoril and Halcion.
- has a lower potential for abuse than that of the substances listed in Schedule IV;
- has currently accepted medical use in treatment in the United States; and
- may lead to a more limited physical or psychological dependence liability than that of the substances listed in Schedule IV.
A list of Schedule V controlled substances consists of preparations that contain limited quantities of narcotics, including cough syrups that contain codeine.
Was There A Valid Stop?
An officer must have a legal reason for initiating contact.Stay Calm & Be Polite
Just because an officer stops you doesn’t mean you committed a crime. Ask the officer if you are free to leave.
Was The Search Legal?
You have the right to refuse an officer's request to search.Don't Get Tricked!
Without consent, police officers must have a proper legal basis to search a person, vehicle or house.
Was Arrest Legitimate?
An officer must have probable cause to make an arrest.Remain Silent
What you don’t say can’t hurt you.
Penalty Groups / Offense Levels / Punishment Ranges
The Texas Controlled Substances Act categorizes drugs into four different penalty groups. However, it is important to note that marijuana is classified in a separate category of its own. Accordingly, each penalty group has its own offense levels and punishment ranges.
Texas controlled substances laws are particularly strict. However, punishment for possession of a controlled substance varies widely depending on the level of the offense. For example, sentencing depends on several factors such as the type of drug, quantity, how the drug was stored or concealed, possession of paraphernalia like scales, baggies or large amounts of cash and even the location of the offense.
The quantity of the drug involved controls the punishment range for possession of a PG1 controlled substance:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days-2yrs State Jail, fine<$10,000 |
| More than 1 gram, less than 4 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 4 grams, less than 200 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$10,000 |
| 400 grams or more | 1st Degree Felony | 10-99yrs prison, fine<$100,000 |
Similarly, the quantity of the drug involved controls the punishment range for possession of a PG2 controlled substance:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 1 gram | State Jail Felony | 180 days-2yrs State Jail, fine<$10,000 |
| More than 1 gram, less than 4 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 4 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
However, punishment for possession of a PG3 controlled substance is different than the two groups above.
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A Misdemeanor | Up to 1yr county jail, fine<$4,000 |
| More than 28 grams, less than 200 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
Punishment for possession of a PG4 controlled substance is as follows:
| Quantity/Weight of Drugs | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 180 days county jail, fine<$2,000 |
| More than 28 grams, less than 200 grams | 3rd Degree Felony | 2-10yrs prison, fine<$10,000 |
| More than 200 grams, less than 400 grams | 2nd Degree Felony | 2-20yrs prison, fine<$10,000 |
| More than 400 grams | 1st Degree Felony | 5-99yrs prison, fine<$50,000 |
Drugs commonly found in PG1 are opiates, heroin, cocaine, methamphetamine, GHB, and ketamine. Penalty Group 1-A includes LSD.
Primarily, the quantity or weight of drugs determines the offense level and punishment range for possession of a PG1 controlled substance:
| Weight | Lvl | Punishment |
|---|---|---|
| <1g | SJF | 180d-2yrs, <$10k |
| 1g<4g | F3 | 2-10yrs, <$10k |
| 4g<200g | F2 | 2-20yrs, <$10k |
| 200g<400g | F1 | 5-99yrs, <$10k |
| 400g + | F1 | 10-99yrs, <$100k |
Drugs commonly found in PG2 are PCP, mescaline, MDMA and tetrahydrocannabinols other than marijuana.
Click Here for a full list of PG2 substances.
Click Here for a full list of PG2-A substances.
Similarly, the quantity or weight of the drug determines the punishment range for possession of a PG2 controlled substance:
| Weight | Lvl | Punishment |
|---|---|---|
| <1g | SJF | 180d-2yrs, <$10k |
| 1g<4g | F3 | 2-10yrs, <$10k |
| 4g<400g | F2 | 2-20yrs, <$10k |
| 400g + | F1 | 5-99yrs, <$50k |
Drugs commonly found in PG3 are opioids and opiates not listed in PG1, benzodiazepines, sedatives and anabolic steroids.
Click Here for a full list of PG3 substances.
However, punishment for possession of a PG3 controlled substance is different than the PG1 and PG2:
| Weight | Lvl | Punishment |
|---|---|---|
| <28g | MA | 1yr jail, <$4k |
| 28g<200g | F3 | 2-10yrs, <$10k |
| 200g<400g | F2 | 2-20yrs, <$10k |
| 400g + | F1 | 5-99yrs, <$50k |
PG4 drugs include many types of prescription drugs not included in the first 3 groups.
Click Here for a full list of PG4 substances
Punishment for possession of a PG4 controlled substance is as follows:
| Weight | Lvl | Punishment |
|---|---|---|
| <28g | MB | 180d jail, <$2k |
| 28g<200g | F3 | 2-10yrs, <$10k |
| 200g<400g | F2 | 2-20yrs, <$10k |
| 400g+ | F1 | 5-99yrs, <$50k |
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