Possession of Substance in Penalty Group 2 / Punishment

Punishment for the offense of Possession of a Substance in Penalty Group 2 in violation of the Texas Controlled Substance Act / Health and Safety Code §481.116 is as follows:

•  Less than one gram

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  One gram or more but less than four grams

– Third Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.00.

•  Four grams or more but less than 400 grams

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  400 grams or more

– First Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.00.