Controlled Substances in Penalty Group 4

Under the provisions of §481.101 of the Health and Safety Code, controlled substances are divided into five penalty groups for the purpose of establishing penalties for the violation of the Texas Controlled Substances Act. Penalty Group 4 is listed in §481.105.

Penalty Group 4 consists of:

(1) a compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that includes one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit;

(2) unless specifically excepted or unless listed in another penalty group, a material, compound, mixture, or preparation containing any quantity of the narcotic drug Buprenorphine or Butorphanol or a salt of either; and

(3) unless specifically exempted or excluded or unless listed in another penalty group, any material, compound, mixture, or preparation that contains any quantity of pyrovalerone, a substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers.

History of H&SC §481.105: Acts 1989, 71st Leg., ch. 678, §1 (eff. Sept. 1, 1989), ch. 1100, §5.04(a)(eff. Sept. 1, 1989). Amended by Acts 1991, 72nd Leg., ch.761, §4, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 745, §25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 251, §19, eff. Sept. 1, 2001.