Drug Charges

Possession of a Controlled Substance and Penalty Groups in Texas

The punishment for drug possession in Texas depends on which penalty group the drug falls into and the quantity of the drugs. There are nine drug penalty groups under Texas law (PG1, PG1-A, PG1-B, PG-2, PG-2A, PG-3, PG-4, Dangerous Drugs and Marijuana). Drugs are categorized according to their addictive nature and whether they have any accepted medical purpose (as determined by the legislature, at least.)

The severity of your sentencing will vary depending on:

  • The type of drug(s) you are caught with
  • How much of the drug(s) you have
  • Whether the evidence determines “intent to deliver” (such as how you store the drug, if you possess any drug paraphernalia, if you have large amounts of cash on you, or if you have any past convictions or prior offenses)
  • Whether a minor was present on the premises where the offense was committed

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