In Frisco, there are strict laws regarding the possession, use, and manufacture of controlled substances. It is important for all people living in Frisco to understand what controlled substances are under the law. In general, a controlled substance is an illegal drug or prescription medication for which its manufacture, possession, or use is regulated by the state or federal government.
Both the Federal Controlled Substances Act (CSA) and the Texas Controlled Substances Act classify controlled substances into different schedules or groups. The category that the controlled substance falls under has a significant impact on its regulation and the severity of the penalty if you are convicted of a crime. Charges for drug crimes can range from Class C misdemeanors to first-degree felonies, depending on the circumstances. Punishments can include steep fines, jail time, probation, suspension of driver’s and professional licenses, and mandatory drug treatment. Texas has some of the strictest laws and penalties for drug crimes in the country
Alcohol and tobacco are not considered controlled substances under Texas law.
What are the Texas Controlled Substances Penalty Groups?
The Texas Controlled Substances Act divides controlled substances into four penalty groups and two sub-penalty groups. Penalty Group 1 contains drugs that the law considers most likely to cause abuse and addiction. These drugs have no recognized medical use. The dangerousness and probability of abuse decrease through Penalty Groups 1A, 2, 2A, 3, and 4. Substances in the lower penalty groups have an increased recognition for medicinal purposes.
Marijuana is in its own separate category, with its own penalties.
Below is a non-comprehensive list of the drugs in each penalty group.
Penalty Group 1
- psilocybin and comparable hallucinogens
Penalty Group 1A
- LSD (lysergic acid diethylamide) and its analogs
Penalty Group 2
- Phencyclidine (PCP)
Penalty Group 2-A
- Materials, compounds, mixtures, or preparations that contains any quantity of a natural or synthetic chemical substance
Penalty Group 3
- Methylphenidate (Ritalin)
- Zolpidem (Ambien)
- Diazepam (Valium)
- Alprazolam (Xanax)
- Anabolic steroids
Penalty Group 4
- Compounds, mixtures, or preparations containing limited quantities of narcotics
What are the Federal Controlled Substances Act Schedule Groups?
The federal Controlled Substances Act places controlled substances into five categories: Schedule I, II, III, IV, and V. Like Texas law, the federal categories are based on the drug’s accepted medical use and the potential for dependency and abuse. Schedule I has the highest potential for abuse and is the most heavily controlled. The drugs in Schedule V represent the lowest abuse potential and are the most lightly regulated.
Most drug crimes in Frisco result in state charges, but under some circumstances, like if the offense crossed state lines or occurred on federal property, it can also result in federal charges.
Below are some of the common drugs contained in each schedule. It is only a general list and not a comprehensive listing of all controlled substances.
Schedule I drugs are defined as drugs with no currently accepted medical use and a high potential for abuse.
Schedule II drugs are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence.
- Hydromorphone (Dilaudid)
- Meperidine (Demerol)
- Oxycodone (OxyCotin)
- Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin)
Schedule III drugs are defined as drugs with moderate to low potential for physical and psychological dependence.
- Anabolic steroids
- Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine)
Schedule IV drugs are defined as having a low potential for abuse and a low risk of dependence.
Schedule V drugs are defined as having a lower potential for abuse than Schedule IV drugs and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes.
- Cough preparations with less than 200 milligrams of codeine per 100 milliliters (Robitussin AC)
Your Frisco Criminal Defense Attorney
If you or a loved one are facing drug crime charges, you should reach out to an experienced Frisco criminal defense attorney. Philip D. Ray is an experienced Frisco attorney who will make sure that your rights are protected. Call Philip D. Ray today to schedule a consultation at (469) 588-6770.