What is the sentence for possession of a controlled substance under 1 gram first time drug offense?

Full Question:

What is the minimum and maximum sentence in the state of Texas for possession of a controlled substace under 1 gram first time drug offense?
10/31/2007   |   Category: Criminal ยป Sentences   |   State: Texas   |   #11365

Answer:

The following are Texas statutes:

§ 481.101 HEALTH & SAFETY. Criminal Classification

For the purpose of establishing criminal penalties for
violations of this chapter, controlled substances, including a
material, compound, mixture, or preparation containing the
controlled substance, are divided into Penalty Groups 1 through
4.

§ 481.102 HEALTH & SAFETY. Penalty Group 1

Penalty Group 1 consists of:

(1) the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, unless specifically
excepted, if the existence of these isomers, esters, ethers, and salts is
possible within the specific chemical designation:

Alfentanil;

Allylprodine;

Alphacetylmethadol;

Benzethidine;

Betaprodine;

Clonitazene;

Diampromide;

Diethylthiambutene;

Difenoxin not listed in Penalty Group 3 or 4;

Dimenoxadol;

Dimethylthiambutene;

Dioxaphetyl butyrate;

Dipipanone;

Ethylmethylthiambutene;

Etonitazene;

Etoxeridine;

Furethidine;

Hydroxypethidine;

Ketobemidone;

Levophenacylmorphan;

Meprodine;

Methadol;

Moramide;

Morpheridine;

Noracymethadol;

Norlevorphanol;

Normethadone;

Norpipanone;

Phenadoxone;

Phenampromide;

Phenomorphan;

Phenoperidine;

Piritramide;

Proheptazine;

Properidine;

Propiram;

Sufentanil;

Tilidine; and

Trimeperidine;

(2) the following opium derivatives, their salts, isomers, and salts of
isomers, unless specifically excepted, if the existence of these salts,
isomers, and salts of isomers is possible within the specific chemical
designation:

Acetorphine;

Acetyldihydrocodeine;

Benzylmorphine;

Codeine methylbromide;

Codeine-N-Oxide;

Cyprenorphine;

Desomorphine;

Dihydromorphine;

Drotebanol;

Etorphine, except hydrochloride salt;

Heroin;

Hydromorphinol;

Methyldesorphine;

Methyldihydromorphine;

Monoacetylmorphine;

Morphine methylbromide;

Morphine methylsulfonate;

Morphine-N-Oxide;

Myrophine;

Nicocodeine;

Nicomorphine;

Normorphine;

Pholcodine; and

Thebacon;

(3) the following substances, however produced, except those narcotic
drugs listed in another group:

(A) Opium and opiate not listed in Penalty Group 3 or 4, and a salt,
compound, derivative, or preparation of opium or opiate, other than
thebaine derived butorphanol, nalmefene and its salts, naloxone and its
salts, and naltrexone and its salts, but including:

Codeine not listed in Penalty Group 3 or 4;

Dihydroetorphine;

Ethylmorphine not listed in Penalty Group 3 or 4;

Granulated opium;

Hydrocodone not listed in Penalty Group 3;

Hydromorphone;

Metopon;

Morphine not listed in Penalty Group 3;

Opium extracts;

Opium fluid extracts;

Oxycodone;

Oxymorphone;

Powdered opium;

Raw opium;

Thebaine; and

Tincture of opium;

(B) a salt, compound, isomer, derivative, or preparation of a substance
that is chemically equivalent or identical to a substance described by
Paragraph (A), other than the isoquinoline alkaloids of opium;

(C) Opium poppy and poppy straw;

(D) Cocaine, including:

(i) its salts, its optical, position, and geometric isomers, and the
salts of those isomers;

(ii) coca leaves and a salt, compound, derivative, or preparation of
coca leaves;

(iii) a salt, compound, derivative, or preparation of a salt,
compound, or derivative that is chemically equivalent or identical to a
substance described by Subparagraph (i) or (ii), other than decocainized
coca leaves or extractions of coca leaves that do not contain cocaine or
ecgonine; and

(E) concentrate of poppy straw, meaning the crude extract of poppy
straw in liquid, solid, or powder form that contains the phenanthrine
alkaloids of the opium poppy;

(4) the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, if the existence of these isomers, esters,
ethers, and salts is possible within the specific chemical designation:

Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide);

Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenyl-propanamide);

Alphaprodine;

Anileridine;

Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-
4-piperidinyl]-N-phenylpropanamide);

Beta-hydroxy-3-methylfentanyl;

Bezitramide;

Carfentanil;

Dihydrocodeine not listed in Penalty Group 3 or 4;

Diphenoxylate not listed in Penalty Group 3 or 4;

Fentanyl or alpha-methylfentanyl, or any other derivative of Fentanyl;

Isomethadone;

Levomethorphan;

Levorphanol;

Metazocine;

Methadone;

Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
3-methylfentanyl(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-
N-phenylpropanamide);

3-methylthiofentanyl(N-[3-methyl-1-(2-thienyl)
ethyl-4-piperidinyl]-N-phenylpropanamide);

Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane-carboxylic acid;

Para-fluorofentanyl(N-(4-fluorophenyl)-N-1-(2-phenylethyl)-
4-piperidinylpropanamide);

PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

Pethidine (Meperidine);

Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4 carboxylate;

Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

Phenazocine;

Piminodine;

Racemethorphan;

Racemorphan;

Remifentanil; and

Thiofentanyl(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide);

(5) Flunitrazepam (trade or other name: Rohypnol);

(6) Methamphetamine, including its salts, optical isomers, and salts
of optical isomers;

(7) Phenylacetone and methylamine, if possessed together with intent to
manufacture methamphetamine;

(8) Phencyclidine, including its salts;

(9) Gamma hydroxybutyric acid (some trade or other names: gamma
hydroxybutyrate, GHB), including its salts; and

(10) Ketamine.

§ 481.1021 HEALTH & SAFETY. Penalty Group 1-a

Penalty Group 1-A consists of lysergic acid diethylamide (LSD),
including its salts, isomers, and salts of isomers.

§ 481.103 HEALTH & SAFETY. Penalty Group 2

(a) Penalty Group 2 consists of:

(1) any quantity of the following hallucinogenic substances, their
salts, isomers, and salts of isomers, unless specifically excepted, if
the existence of these salts, isomers, and salts of isomers is possible
within the specific chemical designation:

alpha-ethyltryptamine;

4-bromo-2, 5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,
5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA);

4-bromo-2, 5-dimethoxyphenethylamine;

Bufotenine (some trade and other names:
3-(beta-Dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,
N-dimethyltryptamine; mappine);

Diethyltryptamine (some trade and other names: N, N-Diethyltryptamine,
DET);

2 5-dimethoxyamphetamine (some trade or other names: 2,
5-dimethoxy-alphamethylphenethylamine; 2, 5-DMA);

2 5-dimethoxy-4-ethylamphetamine (trade or other name: DOET);

2, 5-dimethoxy-4-(n)-propylthiophenethylamine (trade or other name:
2C-T-7);

Dimethyltryptamine (trade or other name: DMT); Dronabinol (synthetic)
in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food
and Drug Administration approved drug product (some trade or other names
for Dronabinol: (a6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6,
9-trimethyl-3-pentyl-6H-dibenzo [b, d]pyran-1-ol or
(-)-delta-9-(trans)-tetrahydrocannabinol);

Ethylamine Analog of Phencyclidine (some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine,
N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);

Ibogaine (some trade or other names: 7-Ethyl-6, 6, beta 7, 8, 9, 10,
12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido [1', 2':1, 2] azepino
[5, 4-b] indole; tabernanthe iboga.);

Mescaline;

5-methoxy-3, 4-methylenedioxy amphetamine;

4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA);

1-methyl-4-phenyl-4-propionoxypiperidine (MPPP, PPMP);

4-methyl-2, 5-dimethoxyamphetamine (some trade and other names:
4-methyl-2, 5-dimethoxy-alpha-methylphenethylamine; "DOM"; "STP");

3, 4-methylenedioxy methamphetamine (MDMA, MDM);

3, 4-methylenedioxy amphetamine;

3, 4-methylenedioxy N-ethylamphetamine (Also known as N-ethyl MDA);

Nabilone (Another name for nabilone:(+)-trans-3-(1,1-dimethylheptyl)-6,
6a, 7, 8, 10,-10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b, d]
pyran-9-one;

N-benzylpiperazine (some trade or other names: BZP; 1-benzylpiperazine);

N-ethyl-3-piperidyl benzilate;

N-hydroxy-3, 4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

4-methylaminorex;

N-methyl-3-piperidyl benzilate;

Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7, 8, 9,
10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] pyran; Synhexyl);

1-Phenylcyclohexylamine;

1-Piperidinocyclohexanecarbonitrile (PCC);

Psilocin;

Psilocybin;

Pyrrolidine Analog of Phencyclidine (some trade or other names:
1-(1-phenylcyclo-hexyl)-pyrrolidine, PCPy, PHP);

Tetrahydrocannabinols, other than marihuana, and synthetic equivalents
of the substances contained in the plant, or in the resinous extractives
of Cannabis, or synthetic substances, derivatives, and their isomers with
similar chemical structure and pharmacological activity such as:

delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers;

compounds of these structures, regardless of numerical designation of
atomic positions, since nomenclature of these substances is not
internationally standardized;

Thiophene Analog of Phencyclidine (some trade or other names:
1-[1-(2-thienyl) cyclohexyl] piperidine; 2-Thienyl Analog of
Phencyclidine; TPCP, TCP);

1-pyrrolidine (some trade or other name: TCPy);

1-(3-trifluoromethylphenyl)piperazine (trade or other name: TFMPP); and

3, 4, 5-trimethoxy amphetamine;

(2) Phenylacetone (some trade or other names: Phenyl-2-propanone; P2P,
Benzymethyl ketone, methyl benzyl ketone); and

(3) unless specifically excepted or unless listed in another Penalty
Group, a material, compound, mixture, or preparation that contains any
quantity of the following substances having a potential for abuse
associated with a depressant or stimulant effect on the central nervous
system:

Aminorex (some trade or other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; 4, 5-dihydro-5-phenyl-2-oxazolamine);

Amphetamine, its salts, optical isomers, and salts of optical isomers;

Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone);

Etorphine Hydrochloride;

Fenethylline and its salts;

Mecloqualone and its salts;

Methaqualone and its salts;

Methcathinone (some trade or other names: 2-methylamino-propiophenone;
alpha-(methylamino)propriophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropriophenone; monomethylpropion; ephedrone,
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR
1431);

N-Ethylamphetamine, its salts, optical isomers, and salts of optical
isomers; and

N, N-dimethylamphetamine (some trade or other names: N, N,
alpha-trimethylbenzeneethaneamine; N, N, alpha-trimethylphenethylamine),
its salts, optical isomers, and salts of optical isomers.

(b) For the purposes of Subsection (a)(1) only, the term isomer
includes an optical, position, or geometric isomer.

§ 481.104 HEALTH & SAFETY. Penalty Group 3

(a) Penalty Group 3 consists of:

(1) a material, compound, mixture, or preparation that contains any
quantity of the following substances having a potential for abuse
associated with a stimulant effect on the central nervous system:

Methylphenidate and its salts; and

Phenmetrazine and its salts;

(2) a material, compound, mixture, or preparation that contains any
quantity of the following substances having a potential for abuse
associated with a depressant effect on the central nervous system:

a substance that contains any quantity of a derivative of barbituric
acid, or any salt of a derivative of barbituric acid not otherwise
described by this subsection;

a compound, mixture, or preparation containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these, and one or more
active medicinal ingredients that are not listed in any penalty group;

a suppository dosage form containing amobarbital, secobarbital,
pentobarbital, or any salt of any of these drugs, and approved by the
United States Food and Drug Administration for marketing only as a
suppository;

Alprazolam;

Amobarbital;

Bromazepam;

Camazepam;

Chlordiazepoxide;

Chlorhexadol;

Clobazam;

Clonazepam;

Clorazepate;

Clotiazepam;

Cloxazolam;

Delorazepam;

Diazepam;

Estazolam;

Ethyl loflazepate;

Fludiazepam;

Flurazepam;

Glutethimide;

Halazepam;

Haloxzolam;

Ketazolam;

Loprazolam;

Lorazepam;

Lormetazepam;

Lysergic acid, including its salts, isomers, and salts of isomers;

Lysergic acid amide, including its salts, isomers, and salts of isomers;

Mebutamate;

Medazepam;

Methyprylon;

Midazolam;

Nimetazepam;

Nitrazepam;

Nordiazepam;

Oxazepam;

Oxazolam;

Pentazocine, its salts, derivatives, or compounds or mixtures thereof;

Pentobarbital;

Pinazepam;

Prazepam;

Quazepam;

Secobarbital;

Sulfondiethylmethane;

Sulfonethylmethane;

Sulfonmethane;

Temazepam;

Tetrazepam;

Tiletamine and zolazepam in combination, and its salts. (some trade or
other names for a tiletamine-zolazepam combination product: Telazol, for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, and for
zolazepam: 4-(2-fluorophenyl)-6, 8-dihydro-1, 3, 8,
trimethylpyrazolo-[3, 4-e] (1, 4)-d diazepin-7 (1H)-one, flupyrazapon);

Triazolam;

Zaleplon; and

Zolpidem;

(3) Nalorphine;

(4) a material, compound, mixture, or preparation containing limited
quantities of the following narcotic drugs, or any of their salts:

not more than 1.8 grams of codeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with an equal
or greater quantity of an isoquinoline alkaloid of opium;

not more than 1.8 grams of codeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any
of its salts, per 100 milliliters or not more than 15 milligrams per
dosage unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;

not more than 300 milligrams of dihydrocodeinone (hydrocodone), or any
of its salts, per 100 milliliters or not more than 15 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;

not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100
milliliters or not more than 90 milligrams per dosage unit, with one or
more active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 300 milligrams of ethylmorphine, or any of its salts, per
100 milliliters or not more than 15 milligrams per dosage unit, with one
or more active, nonnarcotic ingredients in recognized therapeutic
amounts;

not more than 500 milligrams of opium per 100 milliliters or per 100
grams, or not more than 25 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;

not more than 50 milligrams of morphine, or any of its salts, per 100
milliliters or per 100 grams with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts; and

not more than 1 milligram of difenoxin and not less than 25 micrograms
of atropine sulfate per dosage unit;

(5) a material, compound, mixture, or preparation that contains any
quantity of the following substances:

Barbital;

Chloral betaine;

Chloral hydrate;

Ethehlorvynol;

Ethinamate;

Meprobamate;

Methohexital;

Methylphenobarbital (Mephobarbital);

Paraldehyde;

Petrichloral; and

Phenobarbital;

(6) Peyote, unless unharvested and growing in its natural state,
meaning all parts of the plant classified botanically as Lophophora,
whether growing or not, the seeds of the plant, an extract from a part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or extracts;

(7) unless listed in another penalty group, a material, compound,
mixture, or preparation that contains any quantity of the following
substances having a stimulant effect on the central nervous system,
including the substance's salts, optical, position, or geometric
isomers, and salts of the substance's isomers, if the existence of the
salts, isomers, and salts of isomers is possible within the specific
chemical designation:

Benzphetamine;

Cathine [(+)-norpseudoephedrine];

Chlorphentermine;

Clortermine;

Diethylpropion;

Fencamfamin;

Fenfluramine;

Fenproporex;

Mazindol;

Mefenorex;

Modafinil;

Pemoline (including organometallic complexes and their chelates);

Phendimetrazine;

Phentermine;

Pipradrol;

Sibutramine; and

SPA [(-)-1-dimethylamino-1, 2-diphenylethane];

(8) unless specifically excepted or unless listed in another penalty
group, a material, compound, mixture, or preparation that contains any
quantity of the following substance, including its salts:

Dextropropoxyphene (Alpha-(+)- 4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane); and

(9) an anabolic steroid or any substance that is chemically or
pharmacologically related to testosterone, other than an estrogen,
progestin, or corticosteroid, and promotes muscle growth, including:

Boldenone;

Chlorotestosterone (4-chlortestosterone);

Clostebol;

Dehydrochlormethyltestosterone;

Dihydrotestosterone (4-dihydrotestosterone);

Drostanolone;

Ethylestrenol;

Fluoxymesterone;

Formebulone;

Mesterolone;

Methandienone;

Methandranone;

Methandriol;

Methandrostenolone;

Methenolone;

Methyltestosterone;

Mibolerone;

Nandrolone;

Norethandrolone;

Oxandrolone;

Oxymesterone;

Oxymetholone;

Stanolone;

Stanozolol;

Testolactone;

Testosterone; and

Trenbolone.

(b) Penalty Group 3 does not include a compound, mixture, or
preparation containing a stimulant substance listed in Subsection (a)(1)
if the compound, mixture, or preparation contains one or more active
medicinal ingredients not having a stimulant effect on the central
nervous system and if the admixtures are included in combinations,
quantity, proportion, or concentration that vitiate the potential for
abuse of the substances that have a stimulant effect on the central
nervous system.

(c) Penalty Group 3 does not include a compound, mixture, or
preparation containing a depressant substance listed in Subsection (a)(2)
or (a)(5) if the compound, mixture, or preparation contains one or more
active medicinal ingredients not having a depressant effect on the
central nervous system and if the admixtures are included in
combinations, quantity, proportion, or concentration that vitiate the
potential for abuse of the substances that have a depressant effect on the
central nervous system.

§ 481.105 HEALTH & SAFETY. Penalty Group 4

Penalty Group 4 consists of:

(1) a compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs that includes one or more
nonnarcotic active medicinal ingredients in sufficient proportion to
confer on the compound, mixture, or preparation valuable medicinal
qualities other than those possessed by the narcotic drug alone:

not more than 200 milligrams of codeine per 100 milliliters or per 100
grams;

not more than 100 milligrams of dihydrocodeine per 100 milliliters or
per 100 grams;

not more than 100 milligrams of ethylmorphine per 100 milliliters or
per 100 grams;

not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;

not more than 15 milligrams of opium per 29.5729 milliliters or per
28.35 grams; and

not more than 0.5 milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit;

(2) unless specifically excepted or unless listed in another penalty
group, a material, compound, mixture, or preparation containing any
quantity of the narcotic drug Buprenorphine or Butorphanol or a salt of
either; and

(3) unless specifically exempted or excluded or unless listed in
another penalty group, any material, compound, mixture, or preparation
that contains any quantity of pyrovalerone, a substance having a
stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers.

§ 481.106 HEALTH & SAFETY. Classification of Controlled Substance
Analogue

For the purposes of the prosecution of an offense under this subchapter
involving the manufacture, delivery, or possession of a controlled
substance, Penalty Groups 1, 1-A, and 2 include a controlled substance
analogue that:

(1) has a chemical structure substantially similar to the chemical
structure of a controlled substance listed in the applicable penalty
group; or

(2) is specifically designed to produce an effect substantially similar
to, or greater than, a controlled substance listed in the applicable
penalty group.

§ 481.115 HEALTH & SAFETY. Offense: Possession of Substance in
Penalty Group 1

(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance listed in Penalty Group 1, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
professional practice.

(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, one gram or
more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, four grams
or more but less than 200 grams.

(e) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants. 200 grams
or more but less than 400 grams.

(f) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.

§ 481.1151 HEALTH & SAFETY. Offense: Possession of Substance in
Penalty Group 1-A

(a) Except as provided by this chapter, a person commits an
offense if the person knowingly possesses a controlled substance
listed in Penalty Group 1-A.

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of the
controlled substance is fewer than 20;

(2) a felony of the third degree if the number of abuse units
of the controlled substance is 20 or more but fewer than 80;

(3) a felony of the second degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000;

(4) a felony of the first degree if the number of abuse units
of the controlled substance is 4,000 or more but fewer than
8,000; and

(5) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 15 years and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 8,000 or more.

§ 481.116 HEALTH & SAFETY. Offense: Possession of Substance in
Penalty Group 2

(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance listed in Penalty Group 2, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
professional practice.

(b) An offense under Subsection (a) is a state jail felony if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than one gram.

(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, one gram or
more but less than four grams.

(d) An offense under Subsection (a) is a felony of the second
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, four grams
or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.

§ 481.117 HEALTH & SAFETY. Offense: Possession of Substance in
Penalty Group 3

(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance listed in Penalty Group 3, unless the person
obtains the substance directly from or under a valid prescription
or order of a practitioner acting in the course of professional
practice.

(b) An offense under Subsection (a) is a Class A misdemeanor if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 28 grams or
more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the second
degree, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 200
grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.

§ 481.118 HEALTH & SAFETY. Offense: Possession of Substance in
Penalty Group 4

(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
controlled substance listed in Penalty Group 4, unless the person
obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of
practice.

(b) An offense under Subsection (a) is a Class B misdemeanor if
the amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, less than 28 grams.

(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 28 grams or
more but less than 200 grams.

(d) An offense under Subsection (a) is a felony of the second
degree, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 200
grams or more but less than 400 grams.

(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400
grams or more.

§ 481.119 HEALTH & SAFETY. Offense: Manufacture, Delivery, or
Possession of Miscellaneous Substances

(a) A person commits an offense if the person knowingly manufactures,
delivers, or possesses with intent to deliver a controlled substance
listed in a schedule by an action of the commissioner under this chapter
but not listed in a penalty group. An offense under this subsection is a
Class A misdemeanor.

(b) A person commits an offense if the person knowingly or
intentionally possesses a controlled substance listed in a schedule by an
action of the commissioner under this chapter but not listed in a penalty
group. An offense under this subsection is a Class B misdemeanor.

§ 481.121 HEALTH & SAFETY. Offense: Possession of Marihuana

(a) Except as authorized by this chapter, a person commits an
offense if the person knowingly or intentionally possesses a
usable quantity of marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed
is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana
possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana
possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the institutional division
of the Texas Department of Criminal Justice for life or for a
term of not more than 99 years or less than 5 years, and a fine
not to exceed $50,000, if the amount of marihuana possessed is
more than 2,000 pounds.

§ 481.130 HEALTH & SAFETY. Penalties Under Other Law

A penalty imposed for an offense under this chapter is in
addition to any civil or administrative penalty or other sanction
imposed by law.

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