If you know someone facing prosecution for drug possession, contact Houston Criminal Defense Attorney Jerome Godinich today to discuss your legal options!

PENALTY GROUP 1

Examples of Drugs in Penalty Group 1 -Cocaine, Methamphetamine, Heroin, Gamma Hydroxybutyric Acid (GHB), Ketamine, Percodan (Oxycodone), Hydrocodone, Fentanyl, Methadone, PCP, Promethazine with Codeine Syrup (Purple Drank), Opium

The penalties range from a State Jail Felony to an Enhanced 1st Degree Felony

Amount Charge Possible Sentence
Less than 1 gram State Jail Felony 180 days – 2 Yrs State Jail + Fines up to $10,000
1 – 4 grams 3rd Degree Felony 2 – 10 Yrs TDC and Fines up to $10,000
4 – 200 grams 2nd Degree Felony 2 – 20 Yrs TDC and Fines up to $10,000
200 – 400 grams 1st Degree Felony 5 – 99 Yrs TDC and Fines up to $10,000
400 grams or more Enhanced 1st Degree Felony 10 – 99 Yrs TDC and Fines up to $100,000

PENALTY GROUP 1A
Examples of Drugs in Penalty Group 1A – LSD (Lysergic Acid Diethylamide) and its salts, isomers, and derivatives are the primary drugs punished under Penalty Group 1A.

Amount Charge Possible Sentence
Less than 20 units State Jail Felony 180 days – 2 Yrs State Jail and Fines up to $10,000
20 – 80 units 3rd Degree Felony 2 – 10 Yrs TDC and Fines up to $10,000
80 – 4,000 units 2nd Degree Felony 2 – 20 Yrs TDC and Fines up to $10,000
4,000 – 8,0000 units 1st Degree Felony 5 – 99 Yrs TDC and Fines up to $10,000
8,000 units or more Enhanced 1st Degree Felony 15 – 99 Yrs TDC and Fines up to $250,000

PENALTY GROUP 2
Examples of Drugs in Penalty Group 2 -Mescaline, Methcathinone, Ecstasy pills, MDMA commonly referred to as “Molly,” and “Magic Mushrooms” containing Psilocin. Possession of Vyvanse (Lisdexafetamine) and Aderrall (Amphetamine salts) without a prescription is also punishable under Penalty Group 2.

Amount Charge Possible Sentence
Less than 1 gram State Jail Felony 180 days – 2 Yrs State Jail and Fines up to $10,000
1 – 4 grams 3rd Degree Felony 2 – 10 Yrs TDC and Fines up to $10,000
4 – 400 grams 2nd Degree Felony 2 – 20 Yrs TDC and Fines up to $10,000
400 grams or more Enhanced 1st Degree Felony 5 – 99 Yrs TDC and Fines up to $10,000

PENALTY GROUP 3
Examples of Drugs in Penalty Group 3 – Valium (Diazepam), Xanax (Alprazolam), Klonopin (Clonazepam), Lorazepam, Ritalin(Methylphenidate), Peyote (Lophophora), Darvon (Propoxyohene), Talwin (Pentazocine), Methyprylon, Triazolam, and some Anabolic Steroids.

Amount Charge Possible Sentence
Less than 28 grams Class A Misdemeanor Up to 1 year county jail and Fines up to $4,000
28 – 200 grams 3rd Degree Felony 2 to 10 Yrs TDC and Fines up to $10,000
200 – 400 grams 2nd Degree Felony 2 to 20 Yrs TDC and Fines up to $10,000
400 grams or more Enhanced 1st Degree Felony 5 to 99 Yrs TDC and Fines up to $50,000

PENALTY GROUP 4

Examples of Drugs in Penalty Group 4 -Tylenol No. 3 (Acetamenophen with codeine),Soma (Carisoprodol), and compounds containing Dionine, Motofen, Buprenorphine or Pryovalerone.

Amount Charge Possible Sentence
Less than 28 grams Class A Misdemeanor Up to 1 year county jail and Fines up to $4,000
28 – 200 grams 3rd Degree Felony 2 to 10 Yrs TDC and Fines up to $10,000
200 – 400 grams 2nd Degree Felony 2 to 20 Yrs TDC and Fines up to $10,000
400 grams or more Enhanced 1st Degree Felony 5 to 99 Yrs TDC and Fines up to $50,000