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Hinton & Bailey LLP



Even with the widespread recognition of substance use across the United States, the Federal Government and each state have their own regulations and policies governing possession and use of drugs. With the federal circuit in Texas, the prosecution may be more strict in relation to drug-related offenses.


Enforcement of laws controlling the possession and distribution of drugs and other substances is a high priority in Texas. This is especially true since the legislation of “drug-free” zones around schools and certain other establishments. Even with some prescribed drugs, certain regulations are still strict. The governing law that oversees the monitoring of drug use and possession is the ‘Texas Controlled Substances Act, Health and Safety Code.’ State and federal statutes can be complicated. One should seek an experienced Houston defense lawyer who can understand and interpret the intricacies of controlled substances and drug possession in Texas.

Strict penalties were established under the code, which were then broken down into different groups. Among the penalty groups, ‘Group One’ brings in the harshest punishment when it comes to possession of illegal substances. It should be noted that illegal substances and prescription medications should be well categorized in order to properly establish any legal punishment to offenders. Any defense lawyer should discern possessed drugs and controlled substances into these categories. Penalty Groups The Texas Substance and Safety Code determines the categories where each specific drug belongs to and how they are dealt with when it comes to jail time and fines.

Penalty Group 1:

In this group, highly illegal substances such as opioids (including painkillers codeine and oxycodone), cocaine, LSD, mescaline, and other hallucinogens receive severe punishments. Penalties in this group range from 2-year jail time and a $10,000 fine up to life imprisonment with $250,000 fine when over 400 grams of drugs are involved.

Penalty Group 2:

Ecstasy, amphetamines, cannabinoids (cannabinols derived from marijuana), and mescaline belong to this group. For possessing less than a gram of either one of these drugs, one can be convicted with a 2-year imprisonment; however, for possession of 400 grams or more, one can be convicted a maximum sentence of life imprisonment with fines up to $50,000.

Penalty Group 3:

Prescription drugs with depressant properties and are prone to abuse is categorized in this group. Some example of these drugs are benzodiazepines, sedatives, and anabolic steroids. Without care and professional support, abuse of these drugs may result in a penalty of a 1-year prison term with up to $4,000 fine. For controlled amounts of 200 grams or more, you may face 20 years imprisonment with a fine of up to $10,000.

Penalty Group 4:

Limited content of narcotics found in specific drugs that are potentially abusive belong to this group. Penalties in this category is the same as Penalty Group 3.


We will polish defense strategies to provide representation when drug-related offenses are committed.

We have experience in:

● Misdemeanor and felony drug offenses

● Possession or sale of marijuana and cocaine.

● Possession, manufacture or sale of methamphetamine.

● Possession or sale of prescription drugs.

● Trafficking or manufacturing drugs and controlled substances

● Possession with intent to sell or deliver

● Delivery of controlled substances

● All other drug-related offenses

We always live by our promise - “We’ll be with you the whole way!” So call Hinton & Bailey now!