Drug Penalty Group 2 in Texas

Experienced Drug Defense in Tarrant County and the DFW Area

Drug crimes are the most common criminal offenses in Tarrant County, the Dallas – Fort Worth Area, and Texas. A drug-related conviction has potentially lifelong consequences, such as jail or prison time, in-patient rehabilitation, and a stain on your criminal record. The aggressive Tarrant County Drug Criminal Defense Lawyers with Sloane Law Firm will fight 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

Penalty Group 2 Drugs in Texas

Controlled substances categorized under Penalty Group 2/ 2A are considered less severe than those in Penalty Group 1/ 1A, but still have no recognized medical use and are considered highly addictive and dangerous. The general public considers the majority of the substances under Penalty Group 2/ 2A to be ‘soft’ drugs, whereas those in Penalty Group 1/ 1A are ‘hard’ drugs. The most common controlled substances categorized under Penalty Group 2/2A are:

• Delta-9 Tetrahydrocannabinol (THC), other than marijuana
• Psilocybin (Mushrooms) 
• 3,4 Methylenedioxy-Methamphetamine (MDMA/ Ecstasy)
• Phencyclidine (PCP)
• Amphetamine (Adderall)
• Gamma Hydroxybutyrate (GHB)
• Mescaline 

Potential punishment for Drug Penalty Group 2 offenses differs depending on the type of offense – possession, manufacture, and delivery.

Delta-9 THC v. Marijuana, Delta-8/ 10 THC, and Hemp

Marijuana, Delta-8 THC, and Delta-10 THC are not categorized under Penalty Group 2/2A. Under Texas law, marijuana is defined as the plant cannabis sativa L. with a delta-9 THC concentration of more than 0.3 percent; whereas, a substance is legally defined as hemp if it contains less than 0.3 percent delta-9 THC concentration. (Tex. Agriculture Code § 121.001). For now, Delta-8 THC and Delta-10 THC are not included under the legal definition of Delta-9 THC; however, the legality of such substances is currently being fought in court. A substance meets the legal definition of THC under Penalty Group 2/2A only if it contains more than 0.3 percent delta-9 THC concentration.

Drug Penalty Group 2 Possession Punishment in TX

Possession of any amount of a Penalty Group 2 Controlled Substance is a felony punishable by prison time. 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 1 Gram (POSS CS PG2 <1G), State Jail Felony, punishable between 180 days to two years in a facility and up $10,000 fine.< li>
• One to Four Grams (POSS CS PG2 1-4G), Third Degree Felony, punishable between two years to ten years in prison and up to a $10,000 fine.
• Four to 400 Grams (POSS CS PG2 4-400G), Second Degree Felony, punishable between two years to twenty years in prison and up to a $10,000 fine. 
• 400 Grams or More (POSS CS PG2 >400G), First Degree Felony, punishable between five years to 99 years in prison, and up to a $50,000 fine.

Drug Penalty Group 2 Manufacture/ Delivery Punishment 

The manufacture, delivery, or possession with intent to deliver any amount of a Penalty Group 2 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 1 Gram (MAN/DEL CS PG2 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and up to a $10,000 fine.
• One to Four Grams (MAN/DEL CS PG2 1-4G), Second Degree Felony, punishable between two years to 20 years in prison and up to a $10,000 fine.
• Four to 400 Grams (MAN/DEL CS PG2 4-400G), First Degree Felony, punishable between 5 years to 99 years in prison and a fine up to $10,000.
• 400 Grams or More (MAN/DEL CS PG2 >400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.

Defending Penalty Group 2 Charges in Texas

If you or a loved one are facing a drug offense charge, you need experienced criminal defense representation. The Tarrant County drug crime lawyers with Sloane Law Firm are here to fight for you! 

Our team has helped thousands of clients fight drug related cases in Texas, focusing on the greater Dallas – Fort Worth Area: