What Is a “Controlled Substance” in Texas? Penalty Groups, Aggregate Weight, and Why It Matters
This post provides general legal information about Texas law. It is not legal advice and does not create an attorney–client relationship. Laws and procedures can change, and outcomes depend on the specific facts.
What counts as a “controlled substance” in Texas?
In Texas, “controlled substance” is a defined term under the Texas Controlled Substances Act (Texas Health & Safety Code, Chapter 481). In general, a controlled substance is any drug or substance placed into:
Schedules I through V, and/or
Texas “Penalty Groups” (commonly referred to in criminal cases as Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4)
If a substance appears in one of these categories, Texas law treats it as a controlled substance for charging purposes.
Why the definition matters
The definition is broader than many people expect. In some cases, Texas law treats not only the drug itself, but also certain mixtures or solutions containing the drug, as part of the charged substance. This definition is often central in Texas drug cases, including those involving alleged possession, manufacture, or delivery.
Penalty groups vs. schedules: how Texas structures drug offenses
While schedules help define what substances are controlled, penalty groups are what usually matter most in criminal cases. The penalty group, combined with the alleged weight, largely determines the level of the offense and the potential punishment range.
Example: Methamphetamine
Methamphetamine is classified as a Penalty Group 1 substance under Texas law. Penalty Group 1 includes some of the most heavily penalized substances and is frequently involved in felony drug prosecutions across Texas.
A broader discussion of how Texas handles drug allegations can be found on the firm’s overview page addressing
drug charges under Texas law:
https://www.johnhickmanlaw.com/drug-charges-defense-texas
Aggregate weight in Texas drug cases
Texas often charges possession cases using aggregate weight. That means the State may rely on the total weight of the substance that contains the controlled substance, rather than just the pure drug itself.
Adulterants and dilutants
In many cases, Texas law allows the State to include adulterants and dilutants—materials mixed in to increase bulk or quantity—when determining weight.
Why this matters: Even small differences in how a substance is measured or classified can move a case from one punishment range to another.
Does the bag or container count?
Generally, packaging does not count toward the aggregate weight. The weight is based on the substance itself and any included mixture—not the plastic bag, wrapper, or container holding it.
How Penalty Group 1 possession is charged in Texas
For many Penalty Group 1 substances, Texas Health & Safety Code § 481.115 sets charge levels based on weight:
Less than 1 gram: State jail felony
1 gram to under 4 grams: Third-degree felony
4 grams to under 200 grams: Second-degree felony
200 grams to under 400 grams: First-degree felony
400 grams or more: First-degree felony with enhanced punishment exposure
This weight-based structure applies statewide, including cases prosecuted in Northeast Texas counties such as Lamar County.
Possession under Texas law: more than being nearby
Under Texas law, possession means exercising actual care, custody, control, or management over a controlled substance and knowing that the substance is contraband.
Being near drugs, standing in the same room, or riding in the same vehicle is not automatically enough to establish possession.
Joint possession: how multiple people can be charged for the same drugs
Texas law recognizes the concept of joint possession, meaning more than one person can be charged with possessing the same controlled substance. Possession does not have to be exclusive, and ownership of the substance is not required.
The key limitation: mere presence is not enough
When drugs are found in a location accessible to multiple people, the State must present evidence that links each individual to the contraband. Courts often refer to these as “affirmative links.”
In joint possession cases, prosecutors often rely on additional circumstances such as:
Control over the location where the substance was found
Proximity combined with other incriminating factors
Statements or behavior indicating knowledge
Personal items found with the substance
Evidence suggesting shared control or participation
Without these additional links, Texas courts have repeatedly held that mere presence alone is insufficient to prove possession.
Joint possession issues frequently arise in shared residences, vehicles, and multi-occupant settings, including cases prosecuted in places like Lamar County:
https://www.johnhickmanlaw.com/lamar-county-criminal-defense
Common defense and mitigation issues in Penalty Group 1 cases
Every case is fact-specific, but common issues raised in Penalty Group 1 cases include:
Knowledge and control disputes: whether the person actually knew the substance was present
Joint possession challenges: whether the State is relying on proximity instead of meaningful links
Search and seizure issues: legality of stops, searches, or warrants
Weight proof challenges: whether the lab evidence supports the alleged weight tier
Mitigation factors: treatment history, stability, and lack of violence
Related context
This topic often intersects with broader regional enforcement patterns and prosecutorial practices. For readers looking for geographic context, see the firm’s overview of criminal defense representation in Northeast Texas:
https://www.johnhickmanlaw.com/northeast-texas-criminal-defense
Bottom line
Texas drug cases frequently turn on penalty group classification, aggregate weight, and whether the State can prove knowing possession, particularly in joint possession situations. Small factual distinctions—where the substance was found, who had access, and how weight was calculated—can have outsized legal consequences.