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Controlled substances offenses
Summary of the topic
Chapter 481 of the Health and Safety Code, the Texas Controlled Substances Act, works in three moves. First it places each substance in a penalty group, and the group decides which ladder applies. Second it separates possession from manufacture or delivery, and grades each on aggregate weight, including any adulterants or dilutants, or on abuse units for Penalty Group 1-A. Third it adds enhancements, including drug-free zones in section 481.134 and delivery to a child in section 481.122.
Section 481.101 divides controlled substances into Penalty Groups 1 through 4, and the chapter adds Groups 1-A, 1-B and 2-A. Group 1 includes opiates such as heroin, cocaine and methamphetamine, Group 1-B is fentanyl and its derivatives, and Group 2 holds hallucinogens such as MDMA and psilocybin. The definitions in section 481.002 do much of the work. To deliver includes offering to sell, and possession means actual care, custody, control or management.
Possession of a Group 1 or 1-B substance under section 481.115 is a state jail felony under one gram, a third degree felony from one gram to under four, a second degree felony from four grams to under 200, and a first degree felony at 200 grams or more. Manufacture, delivery or possession with intent to deliver a Group 1 substance under section 481.112 starts at a state jail felony under one gram and reaches a second degree felony from one gram to under four, so delivery starts one step higher than possession from the second band. Fentanyl delivery under section 481.1123 is graded one step higher again. Groups 3 and 4 use a first step of 28 grams.
Marihuana has its own ladders in ounces and pounds. Under section 481.121 possession of two ounces or less is a Class B misdemeanor, more than two but not more than four ounces is Class A, and more than four ounces but not more than five pounds is a state jail felony. Under section 481.122 knowingly delivering a substance in Penalty Group 1, 1-A, 1-B, 2 or 3, or marihuana, to a person younger than 18 is a second degree felony.
Section 481.134 raises the grade of listed manufacture and delivery offenses by one category when they are committed in a drug-free zone, such as within 1,000 feet of an institution of higher learning, youth center or playground, or within 300 feet of a public swimming pool or video arcade facility. Section 481.125 makes using drug paraphernalia a Class C misdemeanor and delivering it a Class A misdemeanor, and section 481.183 lists the factors for deciding whether an object is paraphernalia.
Provisions this topic covers
- Tex. Health and Safety Code ch. 481
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