Texas drug classification system
Detailed breakdown of how Texas categorizes controlled substances
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Penalty Group 1 includes drugs most likely to cause misuse and addiction that are not for medical use. These drugs include:
- Cocaine.
- Methamphetamine.
- Ketamine.
- Heroin.
- Oxycodone.
- Hydrocodone (over 300 grams).
- PCP (phencyclidine).
- GHB (gamma hydroxybutyrate).
- Flunitrazepam (Rohypnol).
- Fentanyl.
- Methadone.
- Many other opiate and opioid derivatives.
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Penalty Groups 1A, 2, 2A, 3, and 4 include controlled substances and compounds that decrease their probability of abuse. Controlled substances in the lower classes also have an increased recognition for medicinal purposes.
- LSD
- Compounds derived from 2,5-dimethoxyphenethylamine (2C-H)
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- Fentanyl
- Any Derivative of Fentanyl
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- Ecstasy.
- Mescaline.
- Dronabinol (Marinol).
- Amphetamines.
- Synthetic cannabinoids.
- Alpha-PVP and other cathinone (bath salts).
- Methylphenidate (Ritalin).
- Salvia divinorum.
- Peyote.*
- Pentobarbital
- Hydrocodone (less than 300 grams).
- *Registered and qualified members of the Native American Church with at least 25 percent Native American blood are exempt from penalties concerning peyote if the substance is used in religious ceremonies for religious purposes.
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- Anabolic steroids.
- Xanax.
- Lorazepam.
- Diazepam (Valium).
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- 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.
- Drugs containing small amounts of opium.
- Some of these drugs are illegal substances while others are prescription medications; however, any possession or delivery of a controlled substance without a legitimate prescription incurs penalties.
DRUG POSSESSION ATTORNEY
Possession of drug offenses are very serious and can have a drastic impact on your life both now and into the future. In addition to facing jail time and large fines, a drug charge could remain on your criminal record permanently, making it difficult to obtain housing or find employment.
Contact us to learn more about how to move forward with a Houston drug possession attorney. The more you know and understand about your own case, the easier it will be to navigate the legal system throughout your experience.
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“Gary Trichter is hands down the best attorney you will find. If you ever need representation this is the man to hire. He worked hard on the details of my case and was always available to talk.”- James F.
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
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“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
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“I highly recommend this Gary Trichter for anyone in need of expert legal representation. Him and his team guided me through every step of the process and fought tirelessly for the best possible outcome. Truly great work.”- Kevin W.
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“Not only did Mr. Trichter guide me through the complex legal proceedings but he also took the time to explain the process to me in a clear and understandable way. His direct answers and understanding ear helped me vastly through my legal process. Thanks to you Gary!”- Seth L.
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“Gary Trichter came recommended by a friend. I was told he was good but he's honestly fantastic! His staff, Cassie and Tracey are equally as awesome and so sweet! Gary is a very knowledgeable, caring, and creative lawyer. Call his office many times to talk about my case and I always feel like I get 100% attention. I highly recommend!”- Jenny S.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
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“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
weight-based penalties
Texas calculates total weight including adulterants and dilutants
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The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 1 or 1-B are outlined below:
- Less than 1 gram: State jail felony
- 1 gram or more but less than 4 grams: 3rd-degree felony
- 4 grams or more but less than 200 grams: 2nd-degree felony
- 200 grams or more but less than 400 grams: 1st-degree felony
- 400 grams or more: Life imprisonment or imprisonment for 10-99 years and a fine of up to $100,000
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The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 1A are outlined below:
- Number of abuse units is less than 20: State jail felony
- Abuse units more than 20 and less than 80: 3rd-degree felony
- Abuse units more than 80 and less than 4,000: 2nd-degree felony
- Abuse units more than 4,000 and less than 8,000: 1st-degree felony
- Abuse units more than 8,000: life or 15-99 years imprisonment and a fine of up to $250,000
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The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 2 are outlined below:
- Less than 1 gram: State jail felony
- 1 gram or more and less than four grams: 3rd-degree felony
- 4 grams or more but less than 200 grams: 2nd-degree felony
- 200 grams or more but less than 400 grams: 1st-degree felony
- 400 grams or more: Life or 10-99 years imprisonment and a fine of up to $100,000
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The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 3 are outlined below:
- Less than 28 grams: Class A misdemeanor
- 28 grams or more but less than 200 grams: 3rd-degree felony
- 200 grams or more but less than 400 grams: 2nd-degree felony
- More than 400 grams: Life or 5-99 years imprisonment and a fine of up to $50,000
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The penalties for knowingly or intentionally possessing various amounts of a controlled substance listed in Penalty Group 4 are outlined below:
- Less than 28 grams: Class B misdemeanor
- 28 grams or more but less than 200 grams: 3rd-degree felony
- 200 grams or more but less than 400 grams: 2nd-degree felony
- 400 grams or more: Life or 5-99 years imprisonment and a fine of up to $50,000
Specific Drug Types and Penalties
Marijuana is classified separately in the state of Texas and carries the following penalties for possession:
- Under 2 ounces: Class B misdemeanor punishable by up to 180 days in county jail and/or a fine of up to $2,000
- 2-4 ounces: Class A misdemeanor
- 4 ounces to 5 pounds: State jail felony
- 5-50 pounds: 3rd-degree felony
- 50-2,000 pounds: 2nd-degree felony
- 2,000 pounds or more: Life or 5-99 years imprisonment and a fine of up to $50,000
Common Defense Strategies
- Fourth Amendment violations: Illegal searches and seizures could lead to evidence suppression.
- Chain of custody issues: How evidence is handled and who handles it must always be investigated for any breaks in the chain. Such breaks could lead to suppression of evidence.
- Constructive vs. actual possession: A person can be considered in possession of a drug if it is directly on their person or near a person determined to be under an individual’s control.
- Entrapment defenses: Entrapment is a legal defense in Texas where an individual can argue they committed a drug crime because a law enforcement officer induced or coerced them into doing it, rather than them having a predisposition to commit the crime on their own. This defense is recognized under Texas Penal Code Section 8.06.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.