Penalty Group 3 includes many common prescription medications — such as Xanax, Valium, Ritalin, and certain other depressants and stimulants — when they are possessed without a valid prescription. People are often surprised to learn that having someone else's prescription pills, or pills outside their original bottle, can result in a criminal charge.
What the Law Covers
Penalty Group 3 substances are listed in Texas Health and Safety Code § 481.104, and possession is governed by § 481.117. A valid prescription is a defense to possession of your own lawfully prescribed medication.
Punishment Range
Penalties depend on the aggregate weight of the substance. Possession of less than 28 grams is generally a Class A misdemeanor, while larger amounts are charged as felonies that increase with weight, up to an enhanced first-degree felony for the largest quantities.
How These Cases Are Defended
Common defenses include a valid prescription, an unlawful search or seizure, problems with how the substance was identified or weighed, and whether the State can prove you knowingly possessed the drug. Eligible first offenders may also qualify for pretrial diversion or other outcomes that protect the record.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.