Texas Drug Law
What Penalty Group Is Heroin In? Texas Classification, Charges and Diversion
Under the Texas Controlled Substances Act, heroin is listed in Penalty Group 1. That answers one question: how Texas classifies the drug. It does not decide the charge, the possible sentence or whether diversion is available. This guide covers Texas law only.
Quick answer
What Penalty Group Is Heroin In Texas?
- Texas Health and Safety Code §481.102 lists heroin in Penalty Group 1.
- The charge depends on the alleged conduct, such as possession or delivery, and the amount.
- Possible punishment ranges come from the specific offense section, such as §481.115 for possession.
- Whether diversion or a treatment court is available depends on the county, the case and prosecutor or court decisions.
Three questions
Drug Classification vs Criminal Charge vs Diversion Eligibility
Three lanes: drug classification, criminal charge, and diversion eligibility, each with its own source.
Classification
- Which penalty group lists the drug
- Set by §481.102 and related sections
Charge
- Alleged conduct
- Amount alleged
- Specific offense section
Diversion
- County program rules
- Prosecutor and court decisions
- Case history
Penalty Group 1
How Texas Classifies Heroin
Texas sorts controlled substances into penalty groups. Health and Safety Code §481.102 lists heroin in Penalty Group 1. Texas penalty groups are not the same as federal drug schedules or California law.
Offense sections
The Charge Depends on Conduct and Amount
Possession of a Penalty Group 1 substance is addressed in §481.115, and manufacture or delivery in §481.112. The offense level in those sections changes with the alleged amount. Other facts and prior history can also matter. A Texas attorney can explain what applies.
Punishment ranges
Why We Do Not Predict a Sentence
Texas Penal Code chapter 12 sets punishment ranges for each offense level. Actual results depend on the charge, the facts, history and court decisions. This page does not predict any outcome.
Alternatives
Diversion and Treatment Alternatives in Texas
Texas law allows pretrial intervention programs and specialty courts, such as drug courts under Government Code chapter 123. Availability, entry rules and terms vary by county. The drug’s penalty group does not decide eligibility by itself.
Legal note
This page covers Texas law only. California’s drug laws, including HS §11395, are different. See California’s hard-drug definition for that state.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate substance use assessments, treatment, testing and documentation, and share records with counsel when you authorize it.
Responsibilities
Who Does What?
Defense attorney
Explains the charge and options under Texas law.
Prosecutor
Files charges and decides on many diversion offers.
Court
Rules on pleas, specialty court entry and sentences.
ETS
Coordinates treatment and records. Does not practice law.
Questions
Heroin Penalty Group in Texas: FAQs
Sources & Legal References
Confidential consultation
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ETS can coordinate treatment, testing and records.
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