Penalty Groups

request your free consultation
By Jeff Kennedy

Possession of a Controlled Substance

  • Cocaine, Crack, Heroin, Methamphetamine, Special K – Ketamine, Oxycontin (Oxycodone), Codeine, GHB, Opium, Methadone, Hydrocodone over 300 grams (including in Vicodin)
Penalty Group 1
Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Cocaine < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Cocaine 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Cocaine 4-200 grams Enhanced Penalty 10-99 years or life Up to $100,000
Cocaine > 200 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Heroin < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Heroin 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Heroin 4-400 grams Enhanced Penalty 10-99 years or life Up to $10,000
Heroin > 400 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Methamphetamines < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Methamphetamines 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Methamphetamines 4-200 grams Enhanced Penalty 10-99 years or life Up to $10,000
Methamphetamines > 200 grams Enhanced Penalty 15 years to life Up to $250,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Fentanyl < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Fentanyl 1-4 grams 2nd degree felony 2-20 years Up to $10,000
Fentanyl 4-400 grams Enhanced Penalty 10-99 years or life Up to $10,000
Fentanyl > 400 grams Enhanced Penalty 15 years to life Up to $250,000

Possession of a Controlled Substance

Penalty Group 2
Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Adderall < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Adderall 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Adderall 4-400 grams 2nd Degree felony 2-10 years Up to $10,000
Adderall > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Ecstasy (MDMA) < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Ecstasy (MDMA) 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Ecstasy (MDMA) 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Ecstasy (MDMA) > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Psilocybin < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Psilocybin 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Psilocybin 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Psilocybin > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

 

Substance Drug Amount Offense Level Potential Jail or Prison Time Fine
Synthetic THC < 1 Gram State Jail Felony 180 days – 2 years Up to $10,000
Synthetic THC 1-4 grams 3rd Degree felony 2-10 years Up to $10,000
Synthetic THC 4-400 grams
2nd Degree Felony
2-10 years Up to $10,000
Synthetic THC > 400 grams 1st Degree Felony 5-99 years or life Up to $10,000

What are the Abbreviations in Fort Worth Drug Possession Charges?

POCS PG 1 Possession of a Controlled Substance Penalty Group 1
POCS PG 1-A Possession of a Controlled Substance Penalty Group 1-A
POCS PG 1-B Possession of a Controlled Substance Penalty Group 1-B
POCS PG 2 Possession of a Controlled Substance Penalty Group 2
POCS PG 2-A Possession of a Controlled Substance Penalty Group 2-A
POCS PG 3 Possession of a Controlled Substance Penalty Group 3
POCS PG 4 Possession of a Controlled Substance Penalty Group 4
DFZ Drug Free Zone
POMu2 Possession of Marijuana under 2 Oz

Penalty Group 1

The drugs in Penalty Group 1 are the most heavily regulated in Texas, as they pose no medical use whatsoever. They include the most dangerous and addictive drugs including:

  • Cocaine
  • Crack
  • Heroin
  • Methamphetamine
  • Special K – Ketamine
  • Oxycontin (Oxycodone)
  • Codeine
  • GHB
  • Opium
  • Methadone
  • Hydrocodone over 300 grams (including in Vicodin)
Punishment for Possession of a Controlled Substance Penalty Group 1
Possession of Controlled Substance Penalty Group One (PG1) Offense Level Punishment Range
Less than one gram State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 200 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams First Degree 5 to 99 years in a state prison or life, and a fine of not more than $100,000
400 grams or more Enhanced First Degree 10 to 99 years or life, and a fine of not more than $100,000

Punishment for Possession of a Controlled Substance Penalty Group 1-A

The only controlled substance in penalty group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.

Penalty Group 1-A
Possession of Controlled Substance Penalty Group 1-A (PG1-A) Offense Level Punishment Range
Fewer than 20 units State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
20 or more units, but less than 80 units Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
80 units or more, but less than 4,000 units Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
4,000 units or more, but less than 8,000 units First Degree 5 to 99 years in a state prison or life, and a fine of not more than $100,000
8,000 units or more Enhanced First Degree 15 to 99 years or life, and a fine of not more than $250,000

Punishment for Possession of a Controlled Substance Penalty Group 1-B

The only controlled substance in penalty group 1-B is Fentanyl.

Penalty Group 1-B
Possession of Controlled Substance Penalty Group 1-B (PG1-B) Offense Level Punishment Range
Under 1 Gram State Jail Felony  180 days – 2 years in State Jail and/or a fine of not more than $10,000
1-4 Grams Third Degree Felony  2-10 years in prison, and a fine of not more than $10,000
4-200 Grams Second Degree  2-20 years in prison and a fine of up to $10,000
200-400 Grams First Degree 5 – 99 years in prison or life, and a fine not to exceed $10,000
Over 400 Grams Enhanced First Degree 10 – 99 years in prison or life, and a fine not to exceed $100,000

Punishment for Possession of a Controlled Substance Penalty Group 2

Penalty Group 2 drugs are slightly less dangerous than Group 1. Most hallucinogens fall into Penalty Group 2 and include:

  • MDMA, Molly, Ecstasy
  • Bath Salts (Many bath salts)
  • Adderall (Dextroamphetamine)
  • PCP (Phencyclidine, Angel Dust)
  • Mescaline (Peyote)
  • Mushrooms (Psilocybin)
  • Proposed legislation: Flakka (alpha-PVP)
  • THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas
  • “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
Punishment for Possession of a Controlled Substance Penalty Group 2
Possession of Controlled Substance Penalty Group 2 (PG2) Offense Level Punishment Range
Less than one gram State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
1 gram or more, less than 4 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
4 grams or more, but less than 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in a state prison and/or a fine of not more than $50,000

Penalty Group 2-A

Penalty Group 2-A are synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.

Punishment for Possession of a Controlled Substance Penalty Group 2-A
Possession of Controlled Substance Penalty Group 2-A (PG 2-A) Offense Level Punishment Range
Less than two ounces Class B misdemeanor 0-180 days in county jail and up to $2,000 fine
2 ounces or more but less than 4 ounces Class A misdemeanor 0-1 year in county jail, and up to $4,000 fine
4 ounces or more but less than 5 pounds State jail felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
5 pounds ore more but less than 50 pounds Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
50 pounds or more, but less than 2,000 pounds Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
2,000 pounds ore more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000

Punishment for Possession of a Controlled Penalty Group 3

Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:

  • Valium
  • Xanax (Alprazolam)
  • Clonazepam
  • Diazepam
  • Hydrocodone  less than 15mg/dose or less than 300 mg
  • Codeine less than 90mg/dose
  • Lorazepam
  • Zolpidem
  • Ritalin
  • Testosterone
  • HGH (Human Growth Hormone)
Penalty Group 3
Possession of Controlled Substance Penalty Group 3 (PG-3) Offense Level Punishment Range
Less than 28 grams Class A misdemeanor 0-1 year in county jail, and up to $4,000 fine
28 grams or more, but less than 200 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less thanÊ 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000

Punishment for Possession of a Controlled Substance Penalty Group 4

Penalty Group 4 is made up of a wide range of controlled prescription medications, which carry the potential for abuse including:

  • Opium
  • Morphine
  • Motofen
  • Dangerous Drugs
Penalty Group 4
Possession of Controlled Substance Penalty Group 4 (PG4) Offense Level Punishment Range
Less than 28 grams Class B Misdemeanor 0-180 days in county jail and up to $2,000 fine
28 grams or more, but less than 200 grams Third Degree 2 to 10 years in a state prison and/or a fine of not more than $10,000
200 grams or more, but less than 400 grams Second Degree 2 to 20 years in a state prison and/or a fine of not more than $10,000
400 grams or more Enhanced first-degree felony 5 to 99 years in state prison or life, and a fine not to exceed $50,000
 schedule A FREE STRATEGY SESSION
USE THE FORM BELOW TO CONTACT US

  • This field is for validation purposes and should be left unchanged.
Jeff C.

“Mr Kennedy and his team are so nice and professional. They helped at this tough time. He was great in the court and address my case in the best possible way.”

Case Results

Some of our notable victories*

DISMISSED

Charge: Driving While Intoxicated-2nd

Result: Dismissed after Motion to Suppress Illegally Obtained Evidence Granted.

Allegations: Client pulled over after swerving several times into adjacent lane. Client had strong odor of alcohol, slurred speech, bloodshot and watery eyes and was swaying. Client ...continue reading »

read more CASE RESULTS 

WHAT DO OUR CLIENTS HAVE TO SAY?

Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.

Kishta

Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.

N.C.L.

I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!

P.T.S.

Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

Anonymous
NORTH RICHLAND HILLS
PRINCIPAL OFFICE
9133 Belshire Dr
North Richland Hills,
Texas 76182
817-605-1010
FORT WORTH
BY APPOINTMENT ONLY
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
817-605-1015
ARLINGTON
BY APPOINTMENT ONLY
303 W Abram St
Arlington,
Texas 76010
817-605-1012
Back To Top