Denton follows the Texas statute that lists the categories of controlled dangerous substances. The federal drug schedule does not vary much from the state of Texas’ drug categorization, either. In Texas, what is considered a controlled substance is an adulterant or a diluent that is listed in a schedule of one through five, depending on the severity of the drug.
Essentially, if a person is in possession of a drug, it is considered a controlled substance. The categorization of controlled dangerous substances in Denton can be best explained through the use of a drug attorney in Denton.
In Denton, drug schedules are also considered penalty groups. Depending on various different factors, a substance will be listed in a schedule between one and five. The categorization of controlled dangerous substances in Denton follows the same rules and regulations as Texas and the federal government.
Penalty group one contains many of the drugs that an individual may see on the street, such as cocaine or LSD.
Schedule two or penalty group two is going to contain substances that can cause hallucinations. One of the best examples of that is the chemical known as mescaline, which is a chemical found in Peyote, the cactus.
An example of a substance that would be categorized as a schedule three substance is a drug called Phenobarbital, which some veterinarians may give to people whose dogs or cats are having seizures. This is an example of a drug where, on its own, is considered a part of penalty group three if a person does not have a prescription for it.
However, if a person has a valid prescription, then they will not be charged as long as the person is not abusing it.
Penalty group four contains many different kinds of prescription drugs. These can be substances such as Codeine, Valium, Xanax, or similar substances.
A schedule five drug details many different kinds of tranquilizers and sedative aspects of the drug. If a person is in possession of those, like Alprazolam, they could be considered as possessing a schedule five drug.
Marijuana, as well as synthetic marijuana, fall under their own category. That may be because it is more common than other drugs, but also because it may not be as dangerous as many other scheduled drugs.
When prosecuting a marijuana charge, law enforcement will look at how much of the drug the person had on them. Depending on the amount, a person may face a range of punishments that could vary from 180 days in county jail to serious felony penalties.
Minimum vs. Maximum Penalties
The minimum and maximum sentencing that an individual may face depends on the facts of the charge. If a person is caught with a small amount of marijuana, a judge may not impose such harsh penalties. However, if a person is a repeat offender, they may give the person a harsher penalty because it is clear that the individual has not learned their lesson.
The same concept applies to maximum penalties. If a person is charged with possessing multiple bricks of cocaine, the prosecution is not going to let them off easy. They will often try to bring down the maximum penalty available.
Benefit of an Attorney
It is important to consult with an experienced attorney when trying to understand the categorization of controlled dangerous substances in Denton. A lawyer will be able to list the drugs that are classified under the various schedules and advise a person on what they should be charged with and how to properly defend against any penalties that they may be facing.
Contacting an attorney is important because sometimes, law enforcement may have charged a person with possession of a schedule five drug, but then when the drug is examined and categorized by a lawyer, they determine that the drug is actually part of a different penalty group.
This discovery could mean the difference between what degree of felony an individual may be charged with. No matter the severity of the charge, an individual should not hesitate before consulting with a lawyer.