Penalty Groups

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By Jeff Kennedy

Possession of a Controlled Substance

  • Cocaine, Crack, Heroin, Methamphetamine, Special K – Ketamine, Oxycontin (Oxycodone), Codeine, GHB, Opium, Methadone, Hydrocodone over 300 grams (including in Vicodin)
Penalty Group 1
Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Cocaine < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Cocaine 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Cocaine 4-200 grams Enhanced Penalty 10-99 years or life Up to $100,000
Cocaine > 200 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Heroin < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Heroin 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Heroin 4-400 grams Enhanced Penalty 10-99 years or life Up to $10,000
Heroin > 400 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Methamphetamines < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Methamphetamines 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Methamphetamines 4-200 grams Enhanced Penalty 10-99 years or life Up to $10,000
Methamphetamines > 200 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Fentanyl < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Fentanyl 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Fentanyl 4-400 grams Enhanced Penalty 10-99 years or life Up to $10,000
Fentanyl > 400 grams Enhanced Penalty 15 years to life Up to $250,000

Possession of a Controlled Substance

Penalty Group 2
Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Adderall < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Adderall 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Adderall 4-400 grams 2nd Degree felony 2-10 years Up to $10,000
Adderall > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Ecstasy (MDMA) < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Ecstasy (MDMA) 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Ecstasy (MDMA) 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Ecstasy (MDMA) > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Psilocybin < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Psilocybin 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Psilocybin 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Psilocybin > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Synthetic THC < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Synthetic THC 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Synthetic THC 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Synthetic THC > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

What are the Abbreviations in Fort Worth Drug Possession Charges?

POCS PG 1 Possession of a Controlled Substance Penalty Group 1
POCS PG 1-A Possession of a Controlled Substance Penalty Group 1-A
POCS PG 1-B Possession of a Controlled Substance Penalty Group 1-B
POCS PG 2 Possession of a Controlled Substance Penalty Group 2
POCS PG 2-A Possession of a Controlled Substance Penalty Group 2-A
POCS PG 3 Possession of a Controlled Substance Penalty Group 3
POCS PG 4 Possession of a Controlled Substance Penalty Group 4
DFZ Drug Free Zone
POMu2 Possession of Marijuana under 2 Oz

Penalty Group 1

The drugs in Penalty Group 1 are the most heavily regulated in Texas, as they pose no medical use whatsoever. They include the most dangerous and addictive drugs including:

  • Cocaine
  • Crack
  • Heroin
  • Methamphetamine
  • Special K – Ketamine
  • Oxycontin (Oxycodone)
  • Codeine
  • GHB
  • Opium
  • Methadone
  • Hydrocodone over 300 grams (including in Vicodin)
Punishment for Possession of a Controlled Substance Penalty Group 1
Possession of Controlled Substance Penalty Group One (PG1) Offense Level Punishment Range
Less than one gram State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 200 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams First Degree 5 to 99 years in a state prison or life, and a fine of not more than $100,000
400 grams or more Enhanced First Degree 10 to 99 years or life, and a fine of not more than $100,000

Punishment for Possession of a Controlled Substance Penalty Group 1-A

The only controlled substance in penalty group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.

Penalty Group 1-A
Possession of Controlled Substance Penalty Group 1-A (PG1-A) Offense Level Punishment Range
Fewer than 20 units State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
20 or more units, but less than 80 units Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
80 units or more, but less than 4,000 units Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
4,000 units or more, but less than 8,000 units First Degree 5 to 99 years in a state prison or life, and a fine of not more than $100,000
8,000 units or more Enhanced First Degree 15 to 99 years or life, and a fine of not more than $250,000

Punishment for Possession of a Controlled Substance Penalty Group 1-B

The only controlled substance in penalty group 1-B is Fentanyl.

Penalty Group 1-B
Possession of Controlled Substance Penalty Group 1-B (PG1-B) Offense Level Punishment Range
Under 1 Gram State Jail Felony  180 days – 2 years in State Jail and/or a fine of not more than $10,000
1-4 Grams Third Degree Felony  2-10 years in prison, and a fine of not more than $10,000
4-200 Grams Second Degree  2-20 years in prison and a fine of up to $10,000
200-400 Grams First Degree 5 – 99 years in prison or life, and a fine not to exceed $10,000
Over 400 Grams Enhanced First Degree 10 – 99 years in prison or life, and a fine not to exceed $100,000

Punishment for Possession of a Controlled Substance Penalty Group 2

Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:

  • MDMA, Molly, Ecstasy
  • Bath Salts (Many bath salts)
  • Adderall (Dextroamphetamine)
  • PCP (Phencyclidine, Angel Dust)
  • Mescaline (Peyote)
  • Mushrooms (Psilocybin)
  • Proposed legislation: Flakka (alpha-PVP)
  • THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas
  • “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
Punishment for Possession of a Controlled Substance Penalty Group 2
Possession of Controlled Substance Penalty Group 2 (PG2) Offense Level Punishment Range
Less than one gram State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in a state prison and/or a fine of not more than $50,000

Penalty Group 2-A

Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.

Punishment for Possession of a Controlled Substance Penalty Group 2-A
Possession of Controlled Substance Penalty Group 2-A (PG 2-A) Offense Level Punishment Range
Less than two ounces Class B misdemeanor 0-180 days in county jail and up to $2,000 fine
2 ounces or more but less than 4 ounces Class A misdemeanor 0-1 year in county jail, and up to $4,000 fine
4 ounces or more but less than 5 pounds State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
5 pounds ore more but less than 50 pounds Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
50 pounds or more, but less than 2,000 pounds Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
2,000 pounds ore more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000

Punishment for Possession of a Controlled Penalty Group 3

Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:

  • Valium
  • Xanax (Alprazolam)
  • Clonazepam
  • Diazepam
  • Hydrocodone  less than 15mg/dose or less than 300 mg
  • Codeine less than 90mg/dose
  • Lorazepam
  • Zolpidem
  • Ritalin
  • Testosterone
  • HGH (Human Growth Hormone)
Penalty Group 3
Possession of Controlled Substance Penalty Group 3 (PG-3) Offense Level Punishment Range
Less than 28 grams Class A misdemeanor 0-1 year in county jail, and up to $4,000 fine
28 grams or more, but less than 200 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less thanÊ 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000

Punishment for Possession of a Controlled Substance Penalty Group 4

Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:

  • Opium
  • Morphine
  • Motofen
  • Dangerous Drugs
Penalty Group 4
Possession of Controlled Substance Penalty Group 4 (PG4) Offense Level Punishment Range
Less than 28 grams Class B Misdemeanor 0-180 days in county jail and up to $2,000 fine
28 grams or more, but less than 200 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000
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