Possession of Substance in Penalty Group 2 (HSC 481.116)

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 amount (by weight) of the drugs, including adulterants or dilutants.

If the amount is:	Then the offense is:
Less than 1 gram	State Jail Felony
Between 1 and 4 grams	Third Degree Felony
Between 4 and 400 grams	Second Degree Felony
400 grams or more	First Degree Felony with a range of punishment of 5-99 years in prison and an optional fine of up to $50,000

Statute

Sec. 481.116. 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.