Drug schedules and penalty groups are not the same: Drug schedules are federally regulated while each state sets unique penalty groups. However, drug schedules and penalty groups often share the characteristic of ranking drugs by potential abuse and harm to the individual.
Group 1 (PG1)
Penalty Group 1 regulates opiates and opium derivatives. Examples of opium derivatives and other Group 1 regulated substances include:
- Morphine,
- Heroin,
- Cocaine,
- Rohypnol, medically known as flunitrazepam,
- Methamphetamine, commonly known as meth,
- PCP,
- GHB, and
- Ketamine.
These substances have punishments that range from state jail felonies and less than $10,000 in fines for less than a gram of possession, manufacture, or delivery, to life in prison and less than $250,000 in fines for possession, manufacture, or delivery of the substance for greater than 400 grams.
Group 1-A (PG1-A)
This penalty group solely regulates lysergic acid diethylamide, more commonly known as LSD. LSD is separated into its subgroup as it is measured in units rather than grams; however, it does carry the same punishments as its PG1 counterparts.
Group 2 (PG2)
Penalty Group 2 regulates hallucinogenic substances, depressants, and compound derivatives from 2-aminopropanel. Examples of Group 2 substances include:
- DMT,
- MDMA, also known as “Molly,”
- BSP,
- Psilocybin, also known as “magic mushrooms,”
- Mescaline,
- Phenylacetone,
- Amphetamine,
- Vyvanse,
- Quaalude,
- MDPV, and
- Mephedrone.
While less dangerous than PG1 drugs, they carry harsh punishment if convicted.
Group 2 - A (PG2-A)
Penalty Group 2A regulates drugs that mimic the pharmacological effect of naturally occurring cannabinoids. Examples of PG2-A drugs include:
- THC oil,
- Wax or dabs, known as “concentrate,” and
- Synthetic cannabinoids, known as “spice.”
CBD is legal in Texas as long as it contains less than 0.3% of THC and does not fall under this classification.
Group 3 (PG3)
Group 3 regulates stimulants, depressants, Nalorphine, compounds containing narcotics, compounds containing other substances, peyote, appetite suppressants, Dextropropoxyphene, and non-exempt anabolic steroids. Drugs regulated under this classification may seem familiar due to their medical use; however, your doctor must prescribe them for legal use.
Examples of PG3 drugs include:
- Xanax, medically known as alprazolam,
- Ritalin, medically known as methylphenidate,
- Valium, medically known as diazepam, and
- Ativan, medically known as lorazepam.
Group 4 (PG4)
Penalty Group 4 regulates drugs containing compounds with small quantities of narcotics and include quantities of non-medicinal compounds. Examples of PG4 drugs are drugs prescribed by your doctor that are not included in any of the three penalty groups above.
Enhancements for Groups 1 - 4
Along with the base penalties for each group, there can be enhancements of punishment depending on if children were involved in the crime, usage was done in the presence of a child, or if force was used in the crime. Enhancements may also apply depending on the location of delivery, if death or bodily injury was involved, or if the drug was a prescription delivered to a person other than the intended user.
Enhancements often are additional jail time or increased monetary fines reflecting the severity of the offense.
What If I Was Prescribed One of the Drugs Above?
Some drugs regulated by the state of Texas do have medical uses and can be prescribed by your doctor, such as Vyvanse, appetite suppressants, and other drugs included in Penalty Groups 1 through 4. After fulfillment by your pharmacist, the prescription’s container may have the phrasing “Caution: Federal law prohibits dispensation without prescription” or “Rx only,” to remind you the prescribed individual should be the only one taking them.
Even though you may be prescribed one of these medications to treat a medical condition, you cannot share them with others for recreational or medicinal use. Sharing these drugs is considered delivery of a controlled substance, and you can be charged with additional enhancements.
If you are wrongfully arrested after using a controlled substance prescribed by your doctor, you will need to prove that these drugs were prescribed to you and hire an experienced Austin drug crime lawyer.
What Are the Penalties for Possession of Heroin in Texas?
If you are caught with possession of heroin in Texas, no matter the amount, it is considered a felony and comes with the following penalties:
- Less than a gram: considered a “state jail felony” with a jail sentence of 180 days to 2 years. A fine of up to $10,000 may be included.
- 1-3.99 grams: considered a “third degree felony” with a jail sentence of 2-10 years. A fine of up to $10,000 may be included.
- 4-199 grams: considered a “second degree felony” with a jail sentence of 2-20 years. A fine of up to $10,000 may be included.
- 200-399 grams: considered a “first degree felony” with a jail sentence of 5-99 years. A fine of up to $10,000 may be included.
- 400+ grams: considered an “enhanced first degree felony” with a jail sentence of 10-99 years. A fine of up to $100,000 may be included.
Additional Consequences of a Drug Crime Conviction
Being charged with a drug crime can have serious consequences that can impact your life in various ways. It is important to understand the potential penalties and repercussions associated with drug offenses in Austin, TX.
Some of the consequences of drug crimes include:
- Legal penalties: Drug offenses can result in fines, probation, mandatory drug treatment programs, community service, and even imprisonment. The severity of the penalties depends on factors such as the type and quantity of drugs involved, previous convictions, and the presence of aggravating factors.
- Professional and educational consequences: A drug conviction can affect your current job or future employment prospects. It may also impact your ability to obtain or maintain professional licenses or certifications. Additionally, drug convictions can lead to disciplinary actions or expulsion from educational institutions.
- Personal and social impact: Drug crimes can strain relationships with family and friends, damage your reputation, and limit your opportunities for personal and social growth. It can also result in a loss of trust and support from loved ones.
- Long-term consequences: A drug conviction can have long-lasting effects on your life. It may restrict your ability to secure housing, obtain loans, or qualify for certain government assistance programs. It can also limit your travel options, as some countries have strict entry requirements for individuals with drug convictions.
At Cofer & Connelly, PLLC, we understand the serious nature of drug crimes and the potential impact they can have on your life. Our drug crime attorneys in Austin are dedicated to providing strong defense strategies tailored to your specific case. We will fight to protect your rights and work towards the best possible outcome for your charges.
Common Drug Crime Defenses
When facing drug crime charges in Austin, TX, it is crucial to understand that you have legal options and defenses available to you. A skilled Austin drug crime lawyer can help evaluate your case and develop a strong defense strategy tailored to your specific situation.
Some common defenses for drug crimes include:
- Unlawful search and seizure: If law enforcement conducted an illegal search or seizure without a valid warrant or probable cause, evidence obtained during the search may be deemed inadmissible in court.
- Lack of possession: Prosecutors must prove that you had actual or constructive possession of the drugs. If there is no direct evidence linking you to the drugs or if they were found in a shared space, you may have a viable defense.
- Valid prescription: If you were in possession of a controlled substance with a valid prescription from a licensed healthcare provider, you may have a valid defense.
- Entrapment: If law enforcement induced or coerced you into committing a drug crime that you would not have otherwise committed, you may be able to argue entrapment as a defense.
- Mistaken identity: If there is evidence to suggest that you were wrongly identified as the person involved in the drug crime, you can present evidence to support your claim.
It is important to consult with an experienced drug crime lawyer Austin residents trust, who can assess the specific circumstances of your case and guide you through the legal process. At Cofer & Connelly, PLLC, our attorneys have a deep understanding of drug crime laws in Texas and will fight to protect your rights and achieve the best possible outcome for your case.
FAQs About Drug Crimes
What Should I Do If I’m Arrested for a Drug Crime?
If arrested for a drug crime, it is crucial to remain calm and exercise your right to remain silent. Do not provide any statements to police officers without an attorney present, as anything you say can be used against you in court. Immediately contact a qualified drug crime attorney, like those at Cofer & Connelly, PLLC, who can advise you on your rights and help navigate the legal system. Quick legal representation can mitigate potential consequences by allowing your attorney to promptly examine the circumstances of your arrest.
An attorney can review the lawfulness of your arrest and the evidence collected, challenging any breaches in protocol or unlawful searches and seizures. They can also begin building a defense strategy tailored to the specifics of your situation. It is essential to keep all relevant documentation, such as arrest records and correspondence, and share them with your attorney to assist in crafting a robust legal defense.
How Does a Drug Conviction Affect Employment in Austin?
A drug conviction in Austin can significantly impact your employment opportunities. Many employers conduct background checks, and a drug-related conviction may deter potential employers from hiring you, especially in industries requiring high trust or involving safety-sensitive positions. A conviction can also affect your current job if your employer has policies against retaining employees with certain criminal records.
Furthermore, a conviction could jeopardize professional licenses if you work in healthcare, education, or transportation. Legal representation can be crucial in minimizing the effects of a drug charge, potentially through plea deals, record expungement, or by successfully contesting the charges. An attorney from Cofer & Connelly, PLLC can advise on potential strategies to preserve your career opportunities, providing solutions tailored to your personal and professional needs.
What Are the Benefits of Drug Court Programs?
Austin Drug Courts offer a beneficial alternative to traditional sentencing for eligible individuals facing drug charges. These programs focus on rehabilitation rather than punishment, aiming to address the underlying substance abuse issues contributing to criminal behavior. Participation in these programs can lead to reduced sentences, dismissal of charges, or other favorable outcomes if the programs are completed successfully.
By participating in drug court programs, individuals receive structured treatment and support, which can reduce recidivism and aid in recovery. Attorneys at Cofer & Connelly, PLLC can determine eligibility for these programs and navigate the application process. By emphasizing recovery, drug court programs change lives for the better, enhance public safety, and reduce costs associated with the justice system.
Can I Travel Internationally with a Drug Conviction?
A drug conviction can complicate international travel plans, as many countries have strict entry restrictions concerning criminal records. Some nations, like Canada, may deny entry based on certain criminal convictions, including drug-related offenses. It is essential to research the entry requirements of your intended destination before making travel plans, especially if you have a pending case or prior conviction.
Consulting with an attorney about your specific circumstances can provide clarity. Some convictions may qualify for legal rehabilitation after some time, restoring travel privileges to specific destinations. An attorney at Cofer & Connelly, PLLC can offer guidance on how your conviction may impact future travel and what steps you might take to resolve issues related to international mobility.
How Can Legal Defense Vary Between Misdemeanor and Felony Drug Charges?
The legal defense strategies for misdemeanor and felony drug charges differ significantly due to the distinct legal implications and potential penalties. Misdemeanor drug charges often involve more straightforward cases with less severe penalties, such as fines or brief incarceration. Defense strategies may focus on obtaining lesser charges or alternative sentencing options like community service or rehabilitation.
Conversely, felony charges carry harsher consequences and require more intensive legal intervention. Defense efforts may involve intricate evidence analysis, challenging how evidence was obtained, or aggressively negotiating plea bargains. Felony charges often necessitate exhaustive investigation to mitigate penalties drastically.
Contact Our Drug Crimes Attorney in Austin Today
At Cofer & Connelly, PLLC, we can do more. We understand the gravity of a drug crime arrest, and we can help you fight the charges with our team of skilled Austin drug crime attorneys. With a 90% dismissal or reduction rate for drug crime felonies in 2021 and 100% of our drug crime clients avoiding jail, we understand how to deliver the best possible results for our clients’ legal issues.
Related Reading
To get the representation you deserve even for a first offense, contact our Austin drug and marijuana attorneys at (512) 991-0576.
