Penalty Groups

Texas does not classify drug offenses simply as “misdemeanor” or “felony.” Instead, under the Texas Health and Safety Code Chapter 481, controlled substances are divided into specific Penalty Groups.

Each Penalty Group determines the severity of the charge, the applicable punishment range, and whether the offense is filed as a misdemeanor, state jail felony, or prison felony. The classification depends on the type of substance involved (e.g., cocaine, methamphetamine, prescription drugs, marijuana) and the aggregate weight of the substance, including adulterants and dilutants.

• Penalty Group 1: This is the most serious and most commonly filed felony category in Texas drug cases. Even small amounts can result in felony charges. Examples include:

  • Cocaine

  • Heroin

  • Methamphetamine

  • Oxycodone

  • Fentanyl

• Penalty Group 1-B (PG1-B): This category primarily includes fentanyl-related compounds and similar substances. Texas law treats these cases severely because of overdose concerns.

• Penalty Group 2 (PG2): These are typically felony offenses, with punishment increasing based on weight. Examples include:

  • MDMA (Ecstasy)

  • Psilocybin (mushrooms)

  • PCP

• Penalty Group 3 (PG3): Small amounts may be charged as misdemeanors. Larger amounts become felonies. Examples include:

  • Prescription medications such as Xanax or Valium (without a valid prescription)

  • Certain sedatives and depressants

  • Possession of less than 28 grams is a Class A Misdemeanor.

  • Possession of 28 grams or more is a Felony.

• Penalty Group 4 (PG4): Includes compounds containing limited amounts of narcotics mixed with non-narcotic substances, such as certain codeine mixtures. Lower-level charges are possible, but enhancements apply based on quantity.

  • Possession of less than 28 grams is a Class B Misdemeanor.

  • Possession of more than 28 grams is a Felony.

• Marijuana: Marijuana is classified separately under Texas law. While small amounts (under 2 ounces) are typically Class B misdemeanors, larger amounts quickly escalate to felony-level charges. Although enforcement trends shift, possession remains illegal under Texas law.

  • Possession of 2 ounces or less is a Class B Misdemeanor

  • Possession of more than 2 ounces but less than 4 ounces is a Class B Misdemeanor

  • Possession of 4 ounces or more is a Felony.

What Counts as “Manufacturing”?

Manufacturing includes producing, preparing, compounding, converting, or processing a controlled substance. You do not have to be running a large drug lab to face this charge.

Prosecutors may allege manufacturing based on:

• Lab equipment or precursor chemicals

• Packaging materials or scales

• Extraction or synthesis processes

• Evidence suggesting intent to produce drugs

Even incomplete production can support a charge.

What Counts as “Delivery” or “Dealing”?

Texas defines “delivery” broadly under Texas Health and Safety Code § 481.002. It includes:

• Actual transfer (hand-to-hand)

• Constructive transfer (arranging the transaction)

• An offer to sell — even if no drugs are recovered

That last category matters. In Texas, an alleged offer to sell alone can support a felony delivery charge.

If you have been arrested for drug possession in San Antonio or Bexar County, the specific Penalty Group, the alleged weight of the controlled substance, and your prior record will determine whether you are facing a misdemeanor or felony under the Texas Health and Safety Code Chapter 481. Texas drug possession laws are complex, and local prosecutors in Bexar County aggressively pursue cases involving cocaine, methamphetamine, prescription medications, THC concentrates, and marijuana. An experienced San Antonio drug possession defense attorney can evaluate search and seizure issues, challenge laboratory testing, and pursue dismissal, reduction, or diversion where available. If you are charged with possession of a controlled substance in San Antonio, early legal intervention can significantly impact the outcome of your case.