January 16, 2023

Man sitting by table

According to the Texas Department of Public Safety, more than 88,000 people get charged annually for drug possession and abuse. And while that seems like a reasonable number considering the number of residents, you’ll be surprised to know that this is almost 17% of the state’s total arrests!

Drug laws in Texas are no joke; people who get convicted for drug crimes are sometimes subject to a lifetime in jail. And even if they don’t suffer lifelong consequences, the conviction leaves a permanent stain on their criminal record.

If you’re interested in the drug law in Texas, you likely heard the phrase poss cs pg 1 1g before, so what does it mean? That’s what we’ll discuss here.

What Does Poss CS PG 1 1G Mean?

Poss cs pg 1 1g is an abbreviation for a state jail felony, and it means possession of penalty group 1 controlled substance of less than 1 gram. The felony violates the Texas Health and Safety Code, and it’s punishable by jail time, a minimum of 6 months and a maximum of two years. The convicted person may also have to pay a fine of up to $10,000.

However, if the convicted person has a clean record and accepts responsibility for the possession of drugs, he may get a chance at probation or joining the Deferred Prosecution Program.

The DPP is a supervision program for first-time convicted people to get a chance at rehabilitation without having to go through adjudication.

Penalties for Drug Possession In Texas’ Penalty Group 1

Now you know the penalty for possessing less than 1 gram of penalty group 1 drugs, but what about higher possessions?

Penalties differ according to the amount of drugs in possession. Here’s a rundown of the felony classification of possessing penalty group 1 drugs:

1–4 Grams

Possession of 1–4 grams of penalty group 1 drugs is a third-degree felony, and it grants a minimum of 2 years and a maximum of 10 years in state prison. The convicted person may also have to pay a fine of up to $10,000.

As for manufacturing and delivering the drugs, it’s a second-degree felony, and it can grant up to 20 years in state prison, plus a fine of $10,000.

4–200 Grams

Possession of 4–200 grams of these drugs is a second-degree felony, and it earns the person in possession from 2 to 20 years in state prison, plus a $10,000 fine.

Meanwhile, manufacturing or delivering this amount is a first-degree felony, and its penalty can go from 5 to 99 years in state prison with the same fine as a third-degree felony.

200–400 Grams

Possessing 200–400 grams of penalty group 1 drugs is a first-degree felony, earning the convicted person from 5 to 99 years in state prison. Meanwhile, manufacturing or delivering this amount is an enhanced felony 1, which grants 10–99 years of jail time, plus a fine of up to $100,000.

More than 400 Grams

Possessing, manufacturing, or delivering more than 400 grams of penalty group 1 drugs is an enhanced felony 1. For possession, the convicted person gets from 10 to 99 years in state prison, and he gets fined up to $100,000. 

Meanwhile, manufacturing or delivering grants a higher penalty of 15–99 years in state prison. And in this case, the convicted person gets a fine of up to $250,000, which is the highest fine for penalty group 1 drugs.

Can a Possession Case Get Dismissed in Texas?

Everything is possible, but getting a dismissal in a drug possession case isn’t easy if there’s enough evidence because only the prosecutor can grant a dismissal. There may be a chance of getting the case dismissed depending on whether the drugs were found through a legal process.

If the possessed drugs were found through an illegal method, the attorney can present a motion to dismiss the case and use this as a point of argument in the Suppression Hearing. However, that still doesn’t guarantee a dismissal.

What Are Penalty Group 1 Drugs?

The drug law in Texas classifies different drugs into penalty groups, and each group has different criminal offenses depending on the amount of possessed drugs. The drugs are classified according to their addiction effects and their legalization for medical use. For example, penalty group 1 drugs have no medical use, and they carry the highest risk of addiction.

Even within these classifications, some types of drugs have different offenses than others. For example, in penalty group 1, marijuana gets a different penalty from the other substances in the same group.

Generally, penalty group 1 drugs bear the most serious legal consequences out of all groups, and they often get the highest penalties.

Here are some of the drugs included in this group:

  • Cocaine
  • Oxycodone
  • Heroin
  • Fentanyl
  • Ketamine
  • Methamphetamines
  • Mescaline
  • Psilocybin
  • Desomorphine (Krokodil)

Is Penalty Group 1-A Different From Penalty Group 1?

Yes, both penalty groups are different, and in turn, they have different penalties. While penalty group 1 mainly contains opioids that are heavily controlled and have little to no medicinal uses, penalty group 1-A only contains lysergic acid diethylamide, or LSD for short, along with any of its isomers or salts.

LSD mostly gets abused because of its hallucinogenic effects, and it supposedly has little to no medicinal uses. That’s why it’s one of the drugs that grants a high penalty.

Get Help For Your Defense Against Penalty Group 1 Charge

If you are charged with Penalty Group 1 drug possession, you need the help of a law firm experienced in drug possession cases.

Hire the help of a Texas Criminal Defense Lawyer. Call 713-470-4097 and get in touch with Napier Law Firm today!