Possession of Substance in Penalty Group 1A (HSC 481.115)

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute
3 Collateral Consequences
4 Notes

Degree

The degree of the offense depends on the number of Abuse Units.

If the amount is:	Then the offense is:
Fewer than 20 units	State Jail Felony
Between 20 and 79 units	Third Degree Felony
Between 80 and 3,999 units	Second Degree Felony
Between 4,000 and 7,999 units	First Degree Felony
8,000 units or more	First Degree Felony with a range of 15 -99 years or life in prison and optional fine of up to $250,000

Statute

Sec. 481.1151. 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.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 26, eff. Jan. 1, 1998.