Drug Penalty Group 1 in Texas

Aggressive Drug Defense in Tarrant County and DFW

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 experienced Tarrant County drug crime lawyers with The Law Office of David Sloane can protect you!

Texas 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 1 Drugs in Texas

Controlled substances categorized under Penalty Group 1/ 1A are considered the most severe, as they have no recognized medical use and are considered highly addictive and dangerous. The most common controlled substances categorized under Penalty Group 1/1A are:

• Fentanyl
• Cocaine
• Heroin
• Methamphetamine
• Ketamine
• Opioids, such as, codeine, hydrocodone, and oxycodone

Potential punishment for Drug Penalty Group 1 offenses differs depending on the type of offense. In Texas, there are three different types of drug offenses – possession, manufacture, and delivery.

Drug Penalty Group 1 Possession Punishment

Possession of any amount of a Penalty Group 1 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 PG1 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and a fine up to $10,000.
• One to Four Grams (POSS CS PG1 1-4G), Third Degree Felony, punishable between two years to ten years in prison and a fine up to $10,000.
• Four to 200 Grams (POSS CS PG1 4-200G), Second Degree Felony, punishable between two years to twenty years in prison and a fine up to $10,000.
• 200 to 400 Grams (POSS CS PG1 200-400G), First Degree Felony, punishable between five years to 99 years in prison, and a fine up to $100,000.
• 400 Grams or More (POSS CS PG1 >400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.

Drug Penalty Group 1 Manufacture/ Delivery Punishment

The manufacture, delivery, or possession with intent to deliver any amount of a Penalty Group 1 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 PG1 <1G), State Jail Felony, punishable between 180 days to two years in a state jail facility and a fine up to $10,000.
• One to Four Grams (MAN/DEL CS PG1 1-4G), Second Degree Felony, punishable between two years to 20 years in prison and a fine up to $10,000.
• Four to 200 Grams (MAN/DEL CS PG1 4-200G), First Degree Felony, punishable between five years to 99 years in prison and a fine up to $10,000.
• 200 to 400 Grams (MAN/DEL CS PG1 200-400G), Enhanced First Degree Felony, punishable between 10 years to 99 years in prison, and a fine up to $100,000.
• 400 Grams or More (MAN/DEL CS PG1 >400G), Enhanced First Degree Felony, punishable between 15 years to 99 years in prison, and a fine up to $250,000.

How to Fight - Contact Us for a Free Consultation

If you or a loved one are facing a drug offense accusation, you need aggressive criminal defense representation. A drug conviction carries substantial prison time, permanently stains your criminal record, and results in numerous collateral consequences. The experienced Tarrant County drug crime lawyers with The Law Office of David Sloane are here to protect you! 

Our team has helped thousands of clients fight drug related cases in Texas and throughout the greater Dallas – Fort Worth Area, such as:

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