Drug Offense Legal Code

Penalty Group One

The most common substances seized in Penalty Group One cases:

Cocaine (powder and rock), Heroine, Methamphetamine, Phencyclidine (PCP) Methadone, Rohypnol (aka date rape drug), GHB (aka another date rape drug), Ketamine.

For a complete list of Penalty Group One Substances please follow this link

Manufacture or Delivery of a Controlled Substance in Penalty Group One

Less than 1 Gram

State Jail Felony

180 days to 2 years in State Jail

1 Gram to 4 Grams

Second Degree Felony

2 years to 20 years in TDCJ

4 Gram to 200 Grams

First Degree Felony

5 years to 99 years in TDCJ

200 Gram to 400 Grams

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

400 Grams or More

Greater than First Degree Felony

15 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group One

Less than 1 Gram

State Jail Felony

180 days to 2 years in State Jail

1 Gram to 4 Grams

Third Degree Felony

2 years to 10 years in TDCJ

4 Gram to 200 Grams

Second Degree Felony

2 years to 20 years in TDCJ

200 Gram to 400 Grams

First Degree Felony

5 years to 99 years or Life in TDCJ

400 Grams or More

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

Penalty Group One-A

LSD (acid)

Manufacture or Delivery of a Controlled Substance in Penalty Group One-A

Less than 20 Abuse Units

State Jail Felony

180 days to 2 years in State Jail

20-80 Abuse Units

Second Degree Felony

2 years to 20 years in TDCJ

80-4,000 Abuse Units

First Degree Felony

5 years to 99 years or Life in TDCJ

More Than 4,000 Abuse Units

Greater than First Degree Felony

15 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group One-A

Less than 20 Abuse Units

State Jail Felony

180 days to 2 years in State Jail

20-80 Abuse Units

Third Degree Felony

2 years to 10 years in TDCJ

80-4,000 Abuse Units

Second Degree Felony

2 years to 20 years or Life in TDCJ

4,000-8,000 Abuse Units

First Degree Felony

5 years to 99 years or Life in TDCJ

More Than 4,000 Abuse Units

Greater than First Degree Felony

15 years to 99 years or Life in TDCJ

Penalty Group Two

The most common substances seized in Penalty Group Two cases:

Amphetamine, MDMA (Ecstasy or X), and Mescaline

For a complete list of Penalty Group Two Substances please follow this link

Manufacture or Delivery of a Controlled Substance in Penalty Group Two

Less than 1 Gram

State Jail Felony

180 days to 2 years in State Jail

1 Gram to 4 Grams

Second Degree Felony

2 years to 20 years in TDCJ

4 Gram to 400 Grams

First Degree Felony

5 years to 99 years in TDCJ

400 Grams or More

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group Two

Less than 1 Gram

State Jail Felony

180 days to 2 years in State Jail

1 Gram to 4 Grams

Third Degree Felony

2 years to 10 years in TDCJ

4 Gram to 400 Grams

Second Degree Felony

2 years to 20 years in TDCJ

400 Grams or More

First Degree Felony

5 years to 99 years in TDCJ

Penalty Group Two-A

Penalty Group 2-A consists of any quantity of a synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids. (Synthetic Marijuana)

For a complete list of Penalty Group 2-A Substances please follow this link

Manufacture or Delivery of a Controlled Substance in Penalty Group 2-A

Less than 1 Gram

State Jail Felony

180 days to 2 years in State Jail

1 Gram to 4 Grams

Second Degree Felony

2 years to 20 years in TDCJ

4 Gram to 400 Grams

First Degree Felony

5 years to 99 years in TDCJ

400 Grams or More

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group 2-A

Amount: 2 oz. or Less

Offense Level: Class B

0 – 180 days in County Jail

Amount: 2 oz. – 4 oz.

Offense Level: Class A

0 – 365 days in County Jail

Amount: 4 oz. – 5 lbs.

State Jail Felony

180 days to 2years in State Jail

Amount: 5 lbs. – 50 lbs.

Third Degree Felony

2 years to 10 years in TDCJ

Amount: 50 lbs. – 2,000 lbs.

Second Degree Felony

2 years to 20 years in TDCJ

Amount: More than 2,000 lbs.

First Degree Felony

5 years to 99 years or Life in TDCJ

Penalty Group Three and Four

The most common substances seized in Penalty Group Three and Four cases:

Alprazolam (Xanax), Codeine, Hydrocodone, and Peyote

For a complete list of Penalty Group Three and Four Substances please follow this link

Manufacture or Delivery of a Controlled Substance in Penalty Group Three or Four

Less than 28 Grams

State Jail Felony

180 days to 2 years in State Jail

28 Grams to 200 Grams

Second Degree Felony

2 years to 20 years in TDCJ

200 Grams to 400 Grams

First Degree Felony

5 years to 99 years in TDCJ

400 Grams or More

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group Three

Less than 28 Grams

Class A Misdemeanor

0 days to 1 years in County Jail

28 Grams to 200 Grams

Third Degree Felony

2 years to 10 years in TDCJ

200 Grams to 400 Grams

Second Degree Felony

2 years to 20 years in TDCJ

400 Grams or More

First Degree Felony

5 years to 99 years or Life in TDCJ

Possession of a Controlled Substance in Penalty Group Four

Less than 28 Grams

Class B Misdemeanor

0 days to 180 days in County Jail

28 Grams to 200 Grams

Third Degree Felony

2 years to 10 years in TDCJ

200 Grams to 400 Grams

Second Degree Felony

2 years to 20 years in TDCJ

400 Grams or More

First Degree Felony

5 years to 99 years or Life in TDCJ

Marijuana Legal Charges.

Delivery of Marijuana

Less than 1/4 oz.
w/o remuneration

Offense Level: Class B

0 – 180 days in County Jail

Less than 1/4 oz.
w/ remuneration

Offense Level: Class A

0 – 365 days in County Jail

1/4 oz. -5 lbs.

State Jail Felony

180 days to 2years in State Jail

5 lbs. – 50 lbs.

Second Degree Felony

2 years to 20 years in TDCJ

50 lbs. – 2,000 lbs.

First Degree Felony

5 years to 99 years or Life in TDCJ

More than 2,000 lbs

Greater than First Degree Felony

10 years to 99 years or Life in TDCJ

Possession of Marijuana

2 oz. or Less

Offense Level: Class B

0 – 180 days in County Jail

2 oz. – 4 oz. 

Offense Level: Class A

0 – 365 days in County Jail

4 oz. -5 lbs.

State Jail Felony

180 days to 2years in State Jail

5 lbs. – 50 lbs.

Third Degree Felony

2 years to 10 years in TDCJ

50 lbs. – 2,000 lbs.

Second Degree Felony

2 years to 20 years or Life in TDCJ

More than 2,000 lbs

First Degree Felony

5 years to 99 years or Life in TDCJ

Delivery of a Controlled Substance or Marijuana to a Child

Any Amount of Controlled Substance or Marijuana

Delivered to child less than 18 (or 18+ and still in high school)

Second Degree Felony, punishable by 2-20 yrs. in prison and a $10,000 fine

Drug Free Zone

Drug Free zones are; institutions of higher education, schools, playgrounds, youth centers, and video arcade facilities, public swimming pools, and school buses.

If you are alleged to have possessed a controlled substance or marijuana in a drug free zone or within 1,000 feet of a drug free zone (300 feet for swimming pools and video arcade facilities) the punishment for your offense is raised up one offense level for all offense levels.

Offense Level:
Class B Misdemeanor

Plus Drug Free Zone
One Level

Enhanced Offense Level:
Class A Misdemeanor

Offense Level:
Class A Misdemeanor

Plus Drug Free Zone
One Level

Enhanced Offense Level:
State Jail Felony

Offense Level:
Third Degree Felony

Plus Drug Free Zone
One Level

Enhanced Offense Level:
Second Degree Felony

Enhanced Offense Level:
Second Degree Felony

Plus Drug Free Zone
One Level

Enhanced Offense Level:
First Degree Felony

An allegation of “drug free zone” in the case against you also carries special parole eligibility requirements. If convicted of a drug free zone offense, an offender must serve 5 calendar years in prison before they will become parole eligible. Worse still, if an offender’s sentence is for less than 5 years TDCJ, the drug free zone finding means that person will never make parole on that charge.

Daniel Peugh is a former Chief Prosecutor for the Denton County Criminal District Attorney’s Office. He has an insider’s knowledge of local Judges, Prosecutors, and Probation Officers. At The Peugh Law Firm we try cases and we get jury verdicts. Our ability to make our case before judges and juries benefits all of our clients at every level of representation. Most of our clients do not go to trial. Still, the plea bargain offers our clients receive are based in large part on what the prosecutors know we can do if the case goes to trial.

Contact Daniel K. Peugh, Attorney at Law today 940-566-0271

Related Results

Problem:  Client has a Possession of Marijuana charge on his public record

,

Cole’s Case Problem:  Client has a Possession of Marijuana charge on his public record. The record clearing attorney was the same attorney that had handled the Possession of Marijuana case.  The case was not a good case for any available diversion programs.  However, with a little extra legal work the attorney secured on offer of dismissal with conditions.  The client met the conditions and the case was dismissed.  After a waiting period, the client was eligible to have his record cleared.  

- Result:  Expunction granted, record cleared.

Felony Possession of a Controlled Substance

, ,

Taylor’s Case Felony Possession of a Controlled Substance Offer:  12 months of Felony Probation Attorney requests and receives discovery from the prosecutors.  An investigation into the case reveals that the initial police contact with client might not have been legal.  Though 13 videos had been turned over in the case, none of the videos clearly showed the actions of the officer that initially detained the client.  An argument with prosecutors regarding who could prove what ensued.  

- Result:  Client receives a plea deal to serve one overnight stay in the jail to finalize the case.

Contact attorney Daniel K. Peugh today at 940.566 0271
in Denton, Texas, for comprehensive criminal defense.

E-mail criminal defense attorney Daniel K.
Peugh to schedule your free consultation today.

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