Possession of Controlled Substances
Possession of Controlled Substance in Texas
Though the possession of controlled substances is regulated by all states, the definition of a controlled substance and the accompanying penalties for illegal possession differ amongst state lines. In Texas, a controlled substance is regarded as – a drug or chemical whose use and distribution is tightly controlled because of its abuse potential or risk – Possession of a controlled substance in Texas is classified into penalty groups, differentiating drugs based on the legislature’s beliefs about risks of abuse and whether or not there are acceptable medical uses.
The classified drug penalty groups are as follows:
- Possession of a Controlled Substance Penalty Group 1
- Possession of a Controlled Substance Penalty Group 1-A
- Possession of a Controlled Substance Penalty Group 2
- Possession of a Controlled Substance Penalty Group 2-A
- Possession of a Controlled Substance Penalty Group 3
- Possession of a Controlled Substance Penalty Group 4
THC oils and/or edibles
In Texas, Possession of Marijuana is governed by the Texas Health and Safety Code 481.121. However synthetic marijuana such as THC oil or “edibles” are treated as a Penalty Group 2 drug and treated much harsher. This penalty group defines THC as:
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.
The Texas Health and Safety Code Article 481.116 addresses the penalties faced regarding an offense of possession of a controlled substance in Penalty Group 2.
The Health and Safety Code 481.116
OFFENSE: Possession of Controlled Substance Penalty Group 2
In the state of Texas, an offense is committed if:
- The person knowingly or intentionally possesses a controlled substance, 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.
- Controlled substance possessed is, by aggregate weight, including adulterants or dilutants is:
- Less than one gram
- State jail felony
- One gram or more – but less than four grams
- Third degree felony
- Four grams or more – but less than 400 grams
- Second degree felony
- 400 grams or more
- Punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term or not more than 99 years or less than 5 years
- A fine not to exceed $50,000