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Texas’s Definition of Controlled Substance

Drug Crimes Defense Lawyer in Austin, TX

Any illicit drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government is referred to as a controlled substance. Both the Federal Controlled Substances Act (CSA) and the Texas Controlled Substances Act classify controlled substances into different “schedules” or groups.

The Texas Controlled Substances Act defines a controlled substance as “a substance, including a drug, an adulterant, and a diluent listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4.  The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.”

The CSA defines a controlled substance as “a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.”

Criminal offenses involving controlled substances can carry a wide range of penalties, with some crimes being classified as misdemeanors and others being felony offenses. Many alleged crimes result in state charges, but certain offenses that crossed state lines or occurred on federal property can result in federal charges.

Drug Crimes Defense Lawyer in Austin, TX

The Texas Controlled Substance Act, established under Chapter 481 of the Texas Health and Safety Code, has six different classifications referred to as Penalty Groups. Controlled substances included in the six Penalty Groups in Texas include the following:

  • Penalty Group 1 — Includes oxycodone, heroin, cocaine, methamphetamine, and gamma hydroxybutyric acid (GHB);
  • Penalty Group 1-A — Includes lysergic acid diethylamide (LSD) and its analogs;
  • Penalty Group 2 — Includes phencyclidine (PCP) and 3,4-methylenedioxy methamphetamine (MDMA, Ecstasy, or Molly);
  • Penalty Group 2-A — Includes materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance;
  • Penalty Group 3 — Includes methylphenidate (Ritalin), zolpidem (Ambien), diazepam (Valium), and alprazolam (Xanax); and
  • Penalty Group 4 — Includes compounds, mixtures, or preparations containing limited quantities of narcotics.

Controlled substances are placed into five schedules under the federal CSA:

  • Schedule I — Includes heroin, LSD, marijuana (cannabis), Ecstasy/MDMA/Molly, methaqualone, and peyote;
  • Schedule II — Includes combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin;
  • Schedule III — Includes products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone;
  • Schedule IV — Includes Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol; and
  • Schedule V — Includes cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.

The classification of a controlled substance as well as the amount allegedly possessed are two major factors in which kinds of criminal charges a person will face. A conviction for any drug crime can have extremely detrimental effects on a person’s future.

If you were arrested for any kind of alleged drug offense in Travis County, it is in your best interest to not say anything to authorities until you have contacted The Law Office of Kevin Bennett.

Kevin Bennett is an experienced criminal defense attorney in Austin who defends clients in Sunset Valley, West Lake Hills, Bee Cave, Lago Vista, Lakeway, Pflugerville, and several other nearby communities in Central Texas.

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