Texas Fentanyl Law

Possession of a controlled substance in Texas refers to the unlawful custody, care, or control over drugs categorized into various penalty groups. Possession of a Controlled Substance in Texas as a criminal offense is spelled out in Chapter 481 of the Health and Safety Code, with the Penalty Groups (PG 1, 1-A, 1-B, 2, 2-A, 3, and 4) defined in Subchapter B with the offense and penalties in Subchapter D. Under the Texas Health and Safety Code, Section 481.115 – 481.118, the categorization of substances into the penalty groups is based on potential for abuse and accepted medical use, although this has often been the center of much debate. Penalties for possession vary depending on the type and amount of the substance, ranging from a Class B misdemeanor to enhanced first degree felonies.
Drug possession charges are extremely common in Texas, but not all drugs are treated equally. Possessing four grams of methamphetamine, for example, is punished much more harshly than possessing a marijuana joint. That’s because all controlled substances fall into penalty groups in Texas, with Penalty Group 1 being the most addictive and dangerous.
Methamphetamine is in Penalty Group 1, along with crack and heroin. Marijuana — which, yes, is still illegal in Texas — is in its own, less serious penalty group. [Fentanyl just got moved to its own penalty group: 1-B.]
Even though some penalty groups carry harsher penalties, it’s important to realize that all Fort Worth drug possession charges can negatively impact your life, resulting in jail time, fines, license suspensions, and a criminal record.
Controlled substances are classified into penalty groups, which are based on the legislature’s beliefs about risks of abuse and whether or not there are accepted medical uses for a drug. Drugs are categorized into Penalty Group 1, 1-A, 1-B (new), 2, 2-A, 3, and 4. Marijuana is in its own separate category, with its own penalties.
Before we go into detail about the various penalty groups for drugs in Texas, here’s a general overview of the penalty groups:
PG1 – Opiates, cocaine, meth, GHB, fentanyl, and ketamine.
PG1A – LSD
PG1B – Fentanyl
PG2 – Hallucinogens, including THC, central nervous system depressants
PG2-A – Synthetic marijuana/cannabinoids
PG3 – Stimulants and depressants like Ritalin, benzos, Xanax
PG4 – Narcotics that include codeine and morphine but have medical value
Fentanyl is a focus of prosecutors across the state. Texas has launched a War on Fentanyl. Prosecutors look for way to file these as manufacturing or delivery charges and are always on the look-out for the newest fentanyl charge: fentanyl murder.