Texas Drug Penalty Groups & Schedules

Understanding Federal Drug Schedules and Texas Penalty Groups

Drug cases are complex regardless of the crime, the amount of drugs involved with the crime, and the overall circumstances of the crime. If you have been charged with a drug crime, it is important to speak with an experienced criminal defense trial attorney about your case. There are steep penalties associated with these crimes, so it's scary for any person, and knowing you have options can help. Doug Murphy can advise you on your rights and your options. As a veteran criminal defense lawyer who is Board Certified in criminal defense, he has the insight and the resources to provide an aggressive and comprehensive defense. Contact Doug Murphy today at 713-229-8333.

In the meantime, you can find below some information on the federal drug schedules and the Texas penalty groups that assign penalties to those scheduled drugs.

Drug Schedules I through V

The federal drug Schedules I through V established by the 1970 Controlled Substances Act document controlled substances according to their respective potential for abuse and medical use. Schedule I is the most heavily controlled group with the drugs listed under it posing no medical use whatsoever but are highly susceptible to addiction, while Schedule V drugs are very lightly controlled due to common medical use and very limited chances of abuse.

Examples of the drugs—using their common names—are listed under each schedule.

Schedule I

• Marijuana
• Heroin
• Ecstasy
• Mushrooms
• LSD
• Peyote

Schedule II

• Cocaine
• Ritalin
• Opium
• Methadone
• Morphine
• Pure Codeine
• Pure Hydrocodone
• Oxycontin
• Percocet
• Percodan
• Methamphetamine
• PCP
• Some Barbiturates

Schedule III

• Ketamine
• Codeine
• Vicodin
• Lortab
• Lorcet
• Anabolic Steroids
• Marinol

Schedule IV

• Xanax
• Valium
• Darvon
• Darvocet

Schedule V

• Cough suppressants with codeine
• Anti-diarrheal treatments

States, like Texas, must provide drug schedules that are in compliance with the federal schedules.

Drug Penalty Groups & Penalties

The Texas Health and Safety Code, also known as the Texas Controlled Substances Act - Chapter 481, regulates and assigns drugs from schedules I through V together as groups for penalty purposes. Controlled substances refer to the drug itself and any of its dilutants or adulterants.

There are six categories identified as PG1, PG1-A, PG2, PG2-A, PG3, and PG4, with PG representing "penalty group." For each of these penalty groups, the classification and penalty vary according to the crime of manufacture or delivery versus possession. Classification is generally one degree lower for possession than it is for manufacture or delivery of the same drug in the same quantity, and penalties reflect that distinction.

The judge uses these penalty groups and schedules as a guide for penalty purposes. If you are convicted, sentencing will be determined by the penalty group, the amount of drugs in question, the presence of a minor (which enhances the penalty), and an array of other factors, including mitigating factors like family and community support.

Penalty Group 1

The drugs in this group are mostly narcotics that generally serve no medical purpose and are heavily controlled. These drugs typically include opioids (including painkillers like codeine, hydrocodone, and oxycodone), opium derivatives and/or opiates (heroin and others), cocaine, methamphetamine, ketamine, mescaline (peyote), psilocybin, and similar hallucinogens.

Penalty Group 1-A

This penalty group includes LSD as well as any of its salts, isomers, and salts of isomers. Measuring the quantity of LSD varies from other drugs. In Texas, the "amount" of LSD defined by units rather than grams, ounces, or pounds. Generally 1 unit refers to one use or one square of LSD.

Penalty Group 2

Penalty group 2 includes mostly hallucinogenic substances, like Ecstasy, PCP, and mescaline.

Penalty Group 2-A

Penalty group 2-A includes chemical compounds that mimic cannabinoids (commonly known as K2 and Spice).

The Penalties for possession of these drugs are as follows:

The penalties for manufacture or delivery of these drugs are as follows:

Penalty Group 3

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.

Penalty Group 4

Penalty group 4 includes opioids and opiates not listed in Penalty Group 1, and a range of prescription medications and various chemical compounds that have a potential for abuse. Penalties are similar to those for Penalty Group 3.

Marijuana (aka Marihuana)

Texas recognizes marijuana (or marihuana per Texas statute spelling) as a separate matter. As marijuana becomes legal in more states for both medicinal and recreational purposes, marijuana in all its forms remains illegal in the State of Texas. Below is the range of punishment for possession of marijuana and for manufacture or delivery of marijuana.

Federal or State Drug Crime

With federal schedules and penalties and state penalty groups, how do you know a charge is a state or federal crime? Most drug crimes within individual states are prosecuted as state crimes. There are a few circumstances when that may not be the case. You could be charged federally if caught with any of these drugs while also (1) crossing a state or national border, or (2) involving a gang or criminal organization. Alternatively, if the State decides to prosecute you in a federal court, then federal laws and penalties will apply to your case.

Defense of Drug Crimes

There are a number of viable defenses that can be applied to a drug crime case, but they will be dependent on the facts of each case. Considering the facts and circumstances, an experienced criminal defense lawyer will also use constitutional challenges when relevant. Of particular concern with drug cases are the Fourth and Fifth Amendments of the United States Constitution. The Fourth Amendment guarantees your protection against unreasonable search and seizure. The Fifth Amendment guarantees your protection from self-incrimination.

Fourth Amendment

The Fourth Amendment is meant to protect you against the improper and illegal search and seizure of your property by the government. If police officers violate this protection in any way, Doug Murphy will aggressively challenge any evidence emanating from that violation. If the challenge is successful and evidence is suppressed, the State may no longer have a case against you.

Fifth Amendment

The Fifth Amendment is meant to protect you against incriminating yourself. You have the right not to speak to the police officers, and as such, do not speak with them unless you have the experienced counsel of a Board Certified criminal defense lawyer like Doug Murphy. If Doug Murphy determines that the police violated this right of yours not to incriminate yourself, and evidence was obtained from this violation, Doug Murphy will aggressively move the court to suppress the evidence.

The suppressed evidence may result in dismissal of the charges, and if not, then it likely weakens the State's case against you, and Doug Murphy will use that opportunity to further weaken the State's case and hold the judge and jury accountable to a presumption of innocence unless proven beyond a reasonable doubt.

Contact Our Experienced Houston, TX Drug Crimes Lawyer

Experience is key to a smart, strategic defense in a drug crime case. Doug Murphy investigates, negotiates, advocates, and pursues the best result for your case aggressively and intelligently. Contact our firm today online or at 713-229-8333 to discuss the details of your case.