According to the Texas Health and Safety Code Sec. 481.1022. “PENALTY GROUP 1-B. Penalty Group 1-B consists of fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl.”
Possession of Fentanyl Less Than One Gram
Poss CS PG 1/1-b 1g State Jail Felony
According to the Texas Health and Safety Code…
Sec. 481.112. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram.
Meaning of Texas Health And Safety Code 481
If you combine Texas Health and Safety Code Sec. 481.1022 and Sec. 481.112, then you can see that Poss CS 1/1-b 1g (the possession of a controlled substance in Texas Penalty Group 1-b that is less than 1g) is a State Jail Felony.
Or, you might say that the possession of less than one gram of fentanyl is a state jail felony.
Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B. (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 or 1-B, 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.
Drug Penalty Group 1 in Texas
When it comes to drug crimes, Texas has some of the harshest penalties in the nation. If you are caught with a controlled substance in Group 1, you are looking at serious jail time and hefty fines.
Group 1 drugs include narcotics like heroin and cocaine, as well as synthetic drugs like Ecstasy. The possession of just a small amount of any of these substances can lead to a first-degree felony charge, which is punishable by up to 99 years in prison.
If you have been charged with a drug crime in Texas, it is important to seek experienced legal assistance as soon as possible. A qualified criminal defense lawyer can help you understand your rights and options and fight for the best possible outcome in your case.
Possession of Controlled Substance Texas
Possession of a controlled substance is Texas is mainly defined by Texas Health and Safety Code Sec. 481. We have linked to that statute in the above paragraphs.
Penalty Group 1 Charges
You will see penalty group 1 crimes charged and abbreviated in certain ways at the Harris County District Court, including:
- POSS CS PG 1 / 1-B <1G (F): Possession of a Controlled Substance, Penalty Group 1 / 1B Less Than 1 Gram, Charged as a Felony.
- POSS CS PG 1 / 1-B >=4G<200G (F): Possession of a Controlled Substance, Penalty Group 1 / 1-B Greater Than or Equal to 4 Grams, Less than 200 Grams, Charged as a Felony.
- POSS INT DEL CS PG 1-B >=200<400G (F): Possession With the Intent to Deliver a Controlled Substance, Penalty Group 1-B Greater Than 200 Grams, Less than 400 Grams, Charged as a Felony.
- POSS INT DEL CS PG 1-B >=4G<200G (F): Possession with intent to deliver a controlled substance in penalty group 1-b, greater than or equal to 4 Grams, less than 200 grams, charged as a Felony.
- POSS CS PG 1 / 1-B >=1G<4G (F): Possession of Controlled Substance in Penalty Group 1 / 1-B, greater than or equal to 1 Gram but less than 4 grams, charged as a Felony.
What is Penalty Group 1 in Texas?
As a criminal lawyer in Texas, one thing I’m often asked about is Penalty Group 1. It’s been around since the 1990s, and it includes some of the most commonly abused substances in our country including marijuana, methamphetamine and certain opioids like heroin.
These drugs are categorized as Penalty Group 1 because they come with some of the harshest penalties under our state’s laws.
If you’re found guilty of possession or distribution of any of these drugs, you could face jail time and serious monetary fines—not to mention the impact on your personal life and future job prospects. That’s why if you find yourself facing charges related to Penalty Group 1 drugs in Texas, it’s essential to have an experienced lawyer at your side who understands how quickly these cases can turn against you.
The types of drugs that are classified as Penalty Group 1
Texas Penal Code Section 481.102 outlines the drugs that are classified as Penalty Group 1, each of which is punishable by an extensive range of penalties. These drugs include heroin, cocaine, methamphetamine, and ecstasy, among other prescription medications and synthetic opioids known to be extremely potent with potentially deadly consequences. The tremendous risks associated with these drugs are an indicator of their potentially grave effects on the body—and their possession is stringently regulated under the law. It is essential for individuals facing charges for any type of Penalty Group 1 drug possession offense to understand the legal process and ensure they seek professional help from a criminal lawyer.
The penalties for Possession of a Penalty Group 1 drug in Texas
Possession of any Penalty Group 1 drug in Texas is a serious matter with severe consequences.
If charged, you could be facing up to 180 days in jail, fines of up to $2,000, and the potential for time spent on probation or in rehabilitation. Due to the severity of this crime, those convicted are strongly encouraged to seek out legal consultation from an experienced criminal lawyer who can best advise them as to their rights and help them navigate the court system. Don’t take any chances with severe drug-related charges in Texas – contact a lawyer today and protect your rights.
The possible defenses to a Possession of a Penalty Group 1 charge in Texas
If you have been charged with possession of a Penalty Group 1 drug in Texas, it is important to understand your options for defense. It may be possible to argue that the police acted improperly by not reading your Miranda rights, that the drugs did not belong to you, or even that you were unaware of what the substance was.
Additionally, discrepancies in the chain of custody between the time evidence was seized and when it arrived in court could potentially invalidate the case against you. Attorney advocacy and an understanding of criminal law are essential to ensure these possible defenses are explored thoroughly. Taking swift action and building a strong legal team can help ensure these potential defenses are investigated and presented effectively in court.
How to Beat Possession of Controlled Substance Charges in Texas
Possession of a Penalty Group 1 drug is a serious charge in Texas. If you are facing these charges, it is important to speak with an experienced criminal defense lawyer who can help you navigate the legal system and protect your rights. There are a number of possible defenses to these charges, and an experienced lawyer will know how to build the strongest case for you. Contact our office today to schedule a consultation with one of our knowledgeable attorneys.
What does Poss CS PG 1 1-b mean in Texas?
It means Possession of a Controlled Substance Penalty Group 1-b, which consists of fentanyl, alpha-methylfentanyl, and any other derivative of fentanyl.
What does PG1 mean?
This abbreviation stands for Texas Drug Penalty Group 1. The Group 1 drugs carry the highest drug penalties. If you a conviction of possession it will be classified as a state jail felony.
How long do you go to jail for drug possession in Texas?
That depends on what drug you possessed. This article is about Penalty Group 1 drugs, which are charged as a state jail felony. A state jail felony may include jail confinement of 180 days to 2 years.