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Penalties for Schedule 1 possession in Texas

On Behalf of | Jul 22, 2021 | Drug Charges

Texas enacts stern penalties for controlled substances, such as cocaine, because of the damage they cause. This includes getting caught driving under the influence of a controlled substance even if it is has been prescribed. A person may face several penalties if they get caught with controlled substances.

Texas drug law overview

Most state and federal law divides controlled substances into schedules based on the potential for addiction. However, unlike federal drug crime law, Texas groups the substances into four groups.

Schedule 1 substances are deemed the most addictive and have no safe level for medical use. The Schedule 1 penalty group includes cocaine, heroine, LSD, and opioids, such as codeine.

Under most state drug laws, possession is described as willfully and knowingly possessing a controlled substance. The charges for possession are based on past offenses, type of substance, amount of substance, and circumstances. Other factors include how the defendant stored the drug, if they had an intent to sell, or had drug paraphernalia.

Penalties for Schedule 1 substance possession

Penalties for possessing a gram of a Schedule 1 substance include a maximum $10,000 fine and six months to two years in prison. Possessing one to four grams of Schedule 1 substances commonly counts as a third degree felony. Penalties include two to ten years of prison and up to a $10,000 fine.

Possessing between 4 and 200 grams counts as second degree felony with penalties of a maximum $10,00 and two to 20 years in jail. For more than 400 grams, the defendant faces an enhanced felony charge, which could include up to a $300,000 fine and 10 to 99 years in prison.