Drug Penalty Group 3 in Texas

Holistic Drug Defense in Tarrant County and the Dallas – Fort Worth Area

Drug crimes are the most common criminal offenses in Tarrant County, the Dallas – Fort Worth Area, and Texas. The Tarrant County Drug Criminal Defense Lawyers with The Law Office of David Sloane are here for you!

Penalty Groups Explained

Under Texas Health & Safety Code §§ 481.102 – 481.105, controlled substances (drugs) are classified into one of four different penalty groups:

• Penalty Group 1/ 1A
• Penalty Group 2/ 2A
• Penalty Group 3
• Penalty Group 4

Texas Penalty Group 3 Drugs

Controlled substances categorized under Penalty Group 3 are prescription only stimulant or depressant narcotics that have the potential for addiction. The most common controlled substances categorized under Penalty Group 3 are:

• Anabolic Steroids
• Benzodiazepines
• Diazepam (Valium)
• Lorazepam (Ativan)
• Alprazolam (Xanax)
• Clonazepam (Rivotril)
• Methylphenidate (Ritalin)
• Peyote

Potential punishment for Drug Penalty Group 3 offenses depend on whether the individual is accused of possessing, manufacturing, or delivering the substance. 

Drug Penalty Group 3 Possession Punishment in Texas

Possession of a Penalty Group 3 Controlled Substance ranges in punishment from a Class A Misdemeanor to a First-Degree felony. Possession means the actual care, custody, control, or management of a controlled substance (Tex. Penal Code § 1.07(a)(39)). The range of punishment is dependent on the weight/ amount a person has in their possession:

• Less than 28 Gram (POSS CS PG3 <28G), Class A Misdemeanor, punishable up to one year in the county jail and a fine up to $4,000.
• 28 to 200 Grams (POSS CS PG3 28-200G), Third Degree Felony, punishable between two years to 10 years in prison and a fine up to $10,000.
• 200 to 400 Grams (POSS CS PG3 200-400G), Second Degree Felony, punishable between two years to 20 years in prison and a fine up to $10,000.
• 400 Grams or More (POSS CS PG3 >400G), First Degree Felony, punishable between 5 years to 99 years in prison, and a fine up to $50,000.

Drug Penalty Group 3 Manufacture/ Delivery Punishment

The manufacture, delivery, or possession with intent to deliver any amount of a Penalty Group 3 Controlled Substance is a felony punishable by prison time. The Manufacture of a controlled substances refers to the production, preparation, propagation, compounding, conversion, or processing of a controlled substance by extraction from substances of natural origin and includes the packaging of the substance or labeling of its container. (Tex. Controlled Substances Act § 481.002(25)); whereas, the delivery of a controlled substance refers to the transfer a controlled substance to another (Tex. Controlled Substances Act § 481.002(8)). The range of punishment is dependent on the weight/ amount and is much more severe than simple possession:

• Less than 28 Gram (MAN/DEL CS PG3 <28G), State Jail Felony, punishable between 180 days to two years in a state jail facility and a fine up to $10,000.
• 28 to 200 Grams (MAN/DEL CS PG3 28-200G), Second Degree Felony, punishable between two years to 20 years in prison and a fine up to $10,000.
• 200 to 400 Grams (MAN/DEL CS PG3 200-400G), First Degree Felony, punishable between five years to 99 years in prison and a fine up to $10,000.
• 400 Grams or More (MAN/DEL CS PG3 >400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.

How to Fight Drug Penalty Group 3 Charges in Texas

If you or a loved one are facing a drug offense accusation, you need aggressive criminal defense representation. The Tarrant County Drug Criminal Defense Lawyers with The Law Office of David Sloane are here to protect you! 

Our Tarrant County Drug Criminal Defense Lawyers have helped thousands of clients fight drug related cases in Texas, focusing on the greater Dallas – Fort Worth Area:

• Tarrant County
• Dallas County
• Parker County
• Denton County
• Wise County
• Johnson County
• Hood County
• Ellis County
• Collin County