Texas Drug Penalty Groups And Montgomery County Penalties
Texas sorts controlled substances into penalty groups and grades each group by weight. A gram of one drug can be a misdemeanor while a gram of another is a felony, so the group the lab assigns is the first fact that sets the range in a Montgomery County case. This page lists what sits in each group and the tiers for possession and delivery.
What Is A Texas Drug Penalty Group?
A penalty group is a list of controlled substances in Texas Health and Safety Code §§ 481.102 through 481.105. The group, not the federal schedule, decides which offense statute applies, and the weight in that group sets the tier. Marijuana has its own offense sections outside the groups, and Group 1-A is counted in dosage units instead of grams.
Source: Texas Health and Safety Code Subchapter B, Schedules and Penalty Groups
Understanding Texas Law
What Is A Texas Drug Penalty Group?
Texas does not use the federal schedules to set drug punishment. The Texas Controlled Substances Act, Chapter 481 of the Health and Safety Code, lists each drug in a penalty group in §§ 481.102 through 481.105, and each group has its own offense sections with their own weight tiers. Marijuana sits outside the groups and is graded in ounces and pounds.
For most groups, the weight that counts is aggregate weight including adulterants and dilutants. Cutting agents in powder, the liquid in a cartridge and the binders in a pressed tablet are all weighed. Penalty Group 1-A, which holds LSD and similar substances, is counted in dosage units the statute calls abuse units rather than in grams.
In every group the state must still prove the person knowingly possessed or delivered the substance, and that the lab-confirmed drug is the one named in the charge.
Examples of what each group holds:
- Group 1: cocaine, methamphetamine, heroin and other listed opiates
- Group 1-A: LSD and related substances
- Group 1-B: fentanyl and listed fentanyl-related substances
- Group 2: MDMA, psilocybin, and tetrahydrocannabinols other than marijuana
- Group 2-A: synthetic cannabinoids, sold as K2 or spice
- Group 3: benzodiazepines such as alprazolam and diazepam
- Group 4: preparations containing limited amounts of certain narcotics
Penalties And Consequences
What Are The Penalties For Each Texas Drug Penalty Group?
The level names map to ranges set by Penal Code Chapter 12: a state jail felony is 180 days to 2 years, a third degree felony 2 to 10 years, a second degree felony 2 to 20 years, and a first degree felony 5 to 99 years or life, each with a fine of up to $10,000. The tables apply to possession without a valid prescription unless they say delivery. These are statutory limits, not predictions.
Possession: Penalty Groups 1 And 1-B, § 481.115
- Under 1 gram
- State jail felony.
- 1 to under 4 grams
- Third degree felony.
- 4 to under 200 grams
- Second degree felony.
- 200 to under 400 grams
- First degree felony.
- 400 grams or more
- 10 to 99 years or life and a fine of up to $100,000.
Possession: Penalty Group 2, § 481.116
- Under 1 gram
- State jail felony.
- 1 to under 4 grams
- Third degree felony.
- 4 to under 400 grams
- Second degree felony.
- 400 grams or more
- 5 to 99 years or life and a fine of up to $50,000.
Possession: Marijuana, § 481.121, And Group 2-A, § 481.1161
- 2 ounces or less
- Class B misdemeanor: up to 180 days in county jail and a $2,000 fine.
- Over 2 to 4 ounces
- Class A misdemeanor: up to one year in county jail and a $4,000 fine.
- Over 4 ounces to 5 pounds
- State jail felony.
- Over 5 to 50 pounds
- Third degree felony.
- Over 50 to 2,000 pounds
- Second degree felony.
- Over 2,000 pounds
- 5 to 99 years or life and a fine of up to $50,000.
Possession: Penalty Groups 3 And 4, §§ 481.117 And 481.118
- Under 28 grams
- Class A misdemeanor for Group 3, Class B misdemeanor for Group 4.
- 28 to under 200 grams
- Third degree felony.
- 200 to under 400 grams
- Second degree felony.
- 400 grams or more
- 5 to 99 years or life and a fine of up to $50,000.
Delivery: Penalty Group 1, § 481.112
- Under 1 gram
- State jail felony.
- 1 to under 4 grams
- Second degree felony.
- 4 to under 200 grams
- First degree felony.
- 200 to under 400 grams
- 10 to 99 years or life and a fine of up to $100,000.
- 400 grams or more
- 15 to 99 years or life and a fine of up to $250,000.
Delivery: Penalty Group 1-B, § 481.1123
- Under 1 gram
- Third degree felony since September 1, 2023. It was a state jail felony before that date.
- 1 to under 4 grams
- Second degree felony.
- 4 to under 200 grams
- 10 to 99 years or life and a fine of up to $20,000.
- 200 grams or more
- Higher tiers set by § 481.1123.
Delivery, manufacture and possession with intent to deliver for Groups 1-A, 2, 3 and 4 and for marijuana have their own statutes, §§ 481.1121, 481.113, 481.114 and 481.120, each with its own tiers. How delivery is proven is on the drug distribution page.
Real Questions
What Do People Ask About Texas Drug Penalty Groups?
Why does delivery cost more than possession at the same weight?
What changed for fentanyl in 2023?
How can a fraction of a gram matter?
Is a pill that looks like Xanax charged as Xanax?
Possible Defenses
How Can A Penalty Group Charge Be Defended?
The group in the charge comes from what the laboratory identifies, not from what the drug was sold as or what an officer believed it to be. The weight works the same way, and the reported weight and its measurement uncertainty are part of the lab file.
An attorney reviews whether the identification and the weight are supported by the instrument data, the balance records and the chain of custody. A result a fraction of a gram either side of one gram, four grams or 28 grams deserves a careful look.
What can move any of these ranges up:
- A drug-free zone near a school or other protected place
- A deadly weapon finding
- A prior felony conviction
- An organized criminal activity allegation
Each is explained on the enhancements page. The path a case takes after arrest is on the drug charge information page.
The Identification
Does the instrument data show the substance the charge names?
The Group
Is the substance listed in the penalty group in the indictment?
The Aggregate Weight
What was included in the weight, and was packaging excluded?
The Tier Line
How close is the weight to a threshold, and what uncertainty was reported?
Local Process
Where Do Penalty Group Cases Go In Montgomery County?
The penalty group is set by the lab, and the case then follows the same path as any drug charge.
Arrest And Seizure
Officers make the arrest and submit the seized substance for testing.
Lab Result
The report names the substance and its weight, and those fix the group and tier.
Charging Decision
The prosecutor files the charge that matches the lab result and the facts.
- Misdemeanor tiers
- Filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- Felony tiers
- Indicted and heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, prosecuted by the Montgomery County District Attorney's Office.
- Arrests
- Made by the Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Booking
- The Montgomery County Jail at 1 Criminal Justice Drive.
- Appeals
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Drug Charge Based On Penalty Group?
These steps are general information, not advice for any one person.
Find The Charge Level
Read the paper to see the group, statute and tier charged.
Ask For The Lab File
Your lawyer can request the report, instrument data and weighing records.
Look At The Weight
Note how close it is to a tier line.
Check Prescriptions
If a medication is involved, gather the prescription and pharmacy records.
Watch For Changes
The charge can change once the lab reports. Keep your papers current.
Have a lawyer read the lab report with you before you decide anything on the case. Mitchell Law Firm offers a confidential conversation about a drug charge in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Health and Safety Code Chapter 481: penalty groups and offense sections
- Texas Penal Code Chapter 12: punishment ranges for each offense level
- Texas Penal Code Chapter 19: murder, including delivery of Penalty Group 1-B substances
- Texas Code of Criminal Procedure Chapter 42A: community supervision
- Texas Department of Public Safety: crime laboratory services
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Drug Charges
Other Drug Cases Handled In Conroe, TX
The group and weight give the starting range, and the conduct charged and any enhancements build on it. See the full Drug Crimes defense overview for Conroe.
Drug Possession
Knowing possession of a controlled substance, graded by penalty group and lab weight from a misdemeanor up to a first degree felony.
Drug Distribution
Manufacture, delivery and possession with intent to deliver, charged a level above possession once the weight passes the lowest tier.
Drug Conspiracy
Criminal conspiracy under Penal Code § 15.02 and engaging in organized criminal activity under § 71.02, built on agreements, messages and co-defendants.
Drug Diversion
Forged and altered prescriptions, deception of prescribers, and medication taken from workplace stock, charged mainly under § 481.129.
Juvenile Drug Crimes
Drug cases against children aged 10 through 16, heard in juvenile court under Title 3 of the Texas Family Code.
Internet Drug Crimes
Buying, selling or shipping controlled substances through websites, apps, social media or the mail.
Drug Crime Enhancements
Drug-free zones, deadly weapon findings, prior convictions and group allegations that move a drug charge up a level.
Drug Charge Information
A step-by-step guide to a drug case in the county, from booking and bond through the crime lab to the courthouse.
Drug Crime FAQ
Straight answers to the questions that follow a drug arrest in Montgomery County, tied to the Texas statutes.
Common Questions
Penalty Group Questions People In Conroe Ask
Which penalty group is methamphetamine in for a Conroe, TX charge?
Methamphetamine is in Penalty Group 1, with cocaine and heroin. Possession is graded under Health and Safety Code § 481.115: less than one gram is a state jail felony, one to four grams is third degree, four to 200 grams is second degree, and 200 to 400 grams is first degree. At 400 grams or more the range is 10 to 99 years or life.
Why is THC oil charged differently from marijuana in Montgomery County?
Marijuana plant material has its own offense section, § 481.121, and is graded in ounces and pounds. Tetrahydrocannabinols other than marijuana, including oils and concentrates that do not qualify as legal hemp, are listed in Penalty Group 2 and graded in grams. Less than one gram of a Group 2 substance is a state jail felony, and the full weight of the liquid counts.
What penalty group is Xanax in for a charge in Conroe, TX?
Alprazolam, the drug in Xanax, is in Penalty Group 3 along with other benzodiazepines such as diazepam. Possessing less than 28 grams of a Group 3 substance without a valid prescription is a Class A misdemeanor under § 481.117, with up to a year in county jail. A pressed tablet sold as Xanax that the lab identifies as a different drug is charged under that drug's group.
What is the difference between Penalty Groups 3 and 4 in Montgomery County?
Both groups use the same weight thresholds for possession, under §§ 481.117 and 481.118. Below 28 grams, possessing a Group 3 substance is a Class A misdemeanor, while possessing a Group 4 substance is a Class B misdemeanor. From 28 grams upward the two groups share the same felony tiers, starting with a third degree felony at 28 to 200 grams.
Does packaging count toward drug weight in a Conroe, TX case?
The weight used for charging is the aggregate weight of the controlled substance including adulterants and dilutants, which the Health and Safety Code defines as material that increases the bulk or quantity of the substance, whatever its effect on chemical activity. Packaging such as a baggie or pill bottle is not included. The lab reports the net weight with its analysis.
Which penalty group is fentanyl in for a Montgomery County charge?
Fentanyl and listed fentanyl-related substances, including carfentanil, are in Penalty Group 1-B. Possession of a Group 1-B substance is punished on the Group 1 scale under § 481.115. Delivery has its own statute, § 481.1123, and since September 1, 2023 its lowest tier, less than one gram, has been a third degree felony rather than a state jail felony.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
The group and the lab weight set the range before anything else is argued. Call to go over what the lab report says.
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