What are Penalty Group 2 drugs in Texas?

Texas Drug Penalty Group 2 Classification

The type of restricted substance used in the offense affects the punishment for drug crimes in Texas. Other than marijuana, the majority of restricted substances are included in a “penalty group.”

The letters PG stand for “penalty group,” and there are six categories labeled as PG1, PG1-A, PG2, PG2-A, PG3, and PG4. The classification and punishment for each of these penalty categories differ depending on whether the offense is one of manufacture, delivery, or possession. Penalties reflect the reality that possession is typically classified as one degree lower than the manufacture or delivery of the same amount of drugs.

Penalty Group 2 drugs

Ecstasy, mescaline, PCP, and any isomers or salts connected to these restricted compounds are included in this group. The Texas Health & Safety Code law 481-116 states that the minimum fine is $10,000 and that the maximum sentence is 180 days to two years in federal prison or both.

Penalty Group 2’s controlled substances are typically categorized as stimulants or hallucinogens. Other medications included in Penalty Group 2 include:

  • PCP
  • Ecstacy
  • Mescaline
  • Psilocybin (mushrooms) (mushrooms)
  • Alternative tetrahydrocannabinol (THC) to marijuana
  • Many amphetamines

Penalty Group 2 also includes “analogs” of Penalty Group 2 medicines, which are designed medications that are chemically comparable to a listed substance and that have comparable effects.

Possession of a controlled substance is subject to different punishments than delivery, production, or possession with the intent to deliver. However, offenses involving considerable amounts of narcotics mentioned in Penalty Group 2 are always subject to minimum terms.

Manufacturing, Possession with Intent to Deliver, or Delivery

The weight of the controlled substance involved in the offense determines the potential punishment for delivery, possession with intent to deliver, or production of a controlled substance in Penalty Group 2.

  • Under one gram. The offense is a felony that carries a state prison penalty of at least 180 days and up to two years.
  • Less than 4 grams but at least 1 gram. The offense is a second-degree felony, which carries a term of up to 20 years in jail but not less than two years.
  • Less than 400 grams but at least 4 grams. The offense is a first-degree felony, which carries a maximum punishment of 99 years in prison or a mandatory life term.
  • 400 or more grams. The maximum term for the offense is 99 years in jail, although it can even result in a life sentence.

Improvement for Damage or Death

The offense is elevated by one degree if a controlled substance that the defendant gave causes death or significant injury, unless

  • the offense is a felony in the first degree, or
  • the maximum punishment for the offense is life in prison.

Enhancement for Children’s Crimes

if an individual under the age of 18 was involved in the crime’s commission. Unless — the offense is elevated by one degree.

  • the offense is a felony in the first degree, or
  • the maximum punishment for the offense is life in prison.

if using force or the threat of using force forced a person under the age of 18 to take part in the crime. Unless the crime is a first-degree felony.

  • the offense is already a felony in the first degree,
  • and the maximum punishment for the offense is life in prison.

If the offense includes distribution to a kid, the maximum penalty may also be increased.

Simple Possession Penalties

The amount of the drug that was in possession determines the potential punishment for possession of a controlled substance included in Penalty Group 2.

  • Under one gram. It’s a felony punishable by state prison. a state prison sentence of not less than 180 days nor more than two years may be used as punishment.
  • Less than four grams but at least one gram. It is a felony of the third degree. a prison term of not less than two years nor more than ten years may be used as punishment.
  • Less than 400 grams but at least 4 grams. A second-degree felony was committed. carries a sentence of incarceration of not less than two years or more than twenty years.
  • 400 grams or more. A prison term of 99 years or more is the maximum sentence that can be imposed for this crime. also through a life sentence.

State versus Federal Drug Crime

How can you tell whether a charge is a state or federal criminal given the federal schedules, punishments, and state penalty groups? The majority of drug offenses are treated as state crimes in each particular state. In a few specific situations, though, it might not be the case. If you are found in possession of any of these narcotics and you are also

  1. captured crossing a state or international border or
  2. involved with a gang or criminal organization

you may be charged on a federal level. Alternatively, federal laws and sanctions will apply to your case if the State decides to bring a case against you in a federal court.

Penalty Groups in Texas

The punishments for a drug crime are determined in Texas using penalty groups. Based on its medical applications and abuse potential, each punishment group is divided into subgroups. The Texas Restricted Substances Act’s specified penalty classes for controlled substances are listed in Texas Penal Code 481.102.

Penalty Group 1

Drugs classified in penalty category 1 have a very high risk of misuse and no legitimate medical use. Drugs under penalty group 1 typically carry the worst punishments.

Methadone, cocaine, oxycodone, fentanyl, methamphetamines, ketamine, morphine, heroin,  desmopyrine or “Krokodil,” and various forms of codeine are a few examples.

Lysergic acid diethylamide is a prohibited substance that is only subject to penalty group 1-A. (LSD). There is little to no medical use for LSD, and it has a substantial dependency risk.

Penalty Group 2 and 2-A

Controlled substances for penalty group 2 have a strong potential for chemical dependency and some medical use, according to penalty groups 2 and 2-A. Specifically designated as “spice,” synthetic cannabinoids fall under penalty group 2-A.

Examples include tetrahydrocannabinol other than marijuana, MDMA or ecstasy, psilocin (mushrooms), amphetamine, and mescaline.

Penalty Group 3

Drugs found in punishment group 3 have a moderate potential for abuse and, in some cases, may be utilized for medicinal reasons. The majority of chemicals discovered in category 3 are often categorized as depressants.

Anabolic steroids, pentobarbital, alprazolam (Xanax), methylphenidate (Ritalin),  lorazepam (Ativan), peyote, and diazepam (Valium) are a few examples.

Penalty Group 4

All substances in this category of medications, such as Tylenol’s codeine, contain trace amounts of narcotics. Most controlled substances that are discovered under penalty category 4 have medicinal use and little chance of becoming addicted.

What a Drug Lawyer Can Do to Help

Regardless of the type of crime, the number of drugs involved, or the general circumstances of the crime, drug cases are difficult. It is crucial to discuss your case with a skilled criminal defense trial attorney if you have been accused of a drug felony. It’s frightening for anyone to commit one of these offenses because the punishments are severe, but being aware of your alternatives can be comforting.

Possession or supply of medicines classified as Penalty Group 2 in Texas may result in severe sanctions. Contact a skilled drug lawyer so they can defend you against these accusations rather than taking any chances.

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