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BPOC · Chapter 15Study guide

Health and Safety Code-Controlled Substance Act.

This chapter covers what a Texas peace officer must know about health and Safety Code-Controlled Substance Act, along with the statute limits that shape each element, at the level of detail the TCOLE tests.

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Study guide

Chapter 15 study guide.

3 of 17 objectives free

This chapter covers the Texas Controlled Substances Act (Health and Safety Code Chapter 481), the Dangerous Drug Act (Chapter 483), the Compassionate-Use program, and the line between marihuana and hemp. It ends with field skills: spotting smugglers and load vehicles, building probable cause, interviewing, and knowing where drugs are hidden.

You are not expected to memorize every drug in every penalty group. You are expected to know the definitions, to find the right section for an offense, and to read an offense level from the penalty group and the amount. Learn the pattern for Penalty Group 1 first, then learn how the other groups differ from it.

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LO 15.1

Key terms in the Controlled Substances Act

The definitions in Health and Safety Code 481.002 decide whether an offense has been committed at all, so read them as elements. Possession is not ownership. It is actual care, custody, control, or management. Deliver means to transfer, actually or constructively, and it includes an offer to sell. Manufacture covers making a controlled substance other than marihuana, and it includes packaging, repackaging and labeling.

A controlled substance is a substance, including a drug, an adulterant and a dilutant, listed in Schedules I through V or in Penalty Group 1, 1-A, 1-B, 2, 2-A, 3 or 4. The weight that counts is the aggregate weight of any mixture or solution containing the substance. Hemp, and the tetrahydrocannabinols in hemp, are not controlled substances.

Administer
To directly apply a controlled substance by injection, inhalation, ingestion, or other means to the body of a patient or research subject, by a practitioner or the practitioner’s agent in the practitioner’s presence, or by the patient at the direction and in the presence of a practitioner.
Controlled substance
A substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. Includes the aggregate weight of any mixture or solution containing it. Does not include hemp.
Controlled substance analogue
A substance with a chemical structure substantially similar to a controlled substance in Schedule I or II or Penalty Group 1, 1-A, 1-B, 2 or 2-A, or one specifically designed to produce an effect substantially similar to, or greater than, such a substance.
Counterfeit substance
A controlled substance that, without authorization, bears or is in a container or has a label bearing the trademark, trade name or other identifying mark of a manufacturer, distributor or dispenser other than the one who in fact made, distributed or dispensed it.
Deliver
To transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. Includes offering to sell.
Dispense
Delivery of a controlled substance in the course of professional practice or research, by a practitioner or a person acting under a practitioner’s lawful order, to an ultimate user or research subject. Includes prescribing, administering, packaging, labeling or compounding needed to prepare it for delivery.
Distribute
To deliver a controlled substance other than by administering or dispensing it.
Drug
A substance, other than a device, that is recognized as a drug in the official pharmacopoeias or formulary, is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals, is intended to affect the structure or function of the body but is not food, or is intended as a component of any of those.
Drug paraphernalia
Equipment, a product, or material used or intended for use in planting, growing, manufacturing, processing, testing, packaging, storing or concealing a controlled substance in violation of the chapter, or in injecting, ingesting, inhaling or otherwise introducing one into the human body.
Human consumption
The injection, inhalation, ingestion, or application of a substance to or into a human body.
Immediate precursor
A substance the director by rule designates as a principal compound used in manufacturing a controlled substance, an immediate chemical intermediary used or likely to be used in that manufacture, and one whose control is necessary to prevent or limit the manufacture.
Manufacture
The production, preparation, propagation, compounding, conversion, or processing of a controlled substance other than marihuana, by extraction, chemical synthesis or both. Includes packaging or repackaging and labeling or relabeling.
Marihuana
The plant Cannabis sativa L., whether growing or not, its seeds, and every compound, derivative, mixture or preparation of the plant or its seeds. Excludes the extracted resin, mature stalks and their fiber, oil or cake from the seeds, sterilized seeds, and hemp.
Narcotic drug
Opium and opiates, opium poppy and poppy straw, cocaine and coca leaves, and their salts, compounds, derivatives and preparations, whether extracted from vegetable sources or made by chemical synthesis.
Opiate
A substance that has an addiction-forming or addiction-sustaining liability similar to morphine, or that can be converted into a drug with that liability.
Person
An individual, corporation, government, business trust, estate, trust, partnership, association, or any other legal entity.
Possession
Actual care, custody, control, or management.
Production
Includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance.
Statutes and cases
  • Health and Safety Code Sec. 481.002 · Definitions
    Defines the terms used throughout the Texas Controlled Substances Act, including possession, deliver, manufacture, controlled substance and marihuana.

On the exam Know the definition of possession (care, custody, control, or management) word for word, and that deliver includes an offer to sell.

Fill in the blank

  1. Possession means actual care, custody, , or management.

  2. Deliver means to transfer, actually or , to another a controlled substance, counterfeit substance, or drug paraphernalia.

  3. The definition of deliver includes a controlled substance.

  4. The weight of a controlled substance includes any adulterants and .

LO 15.2

The six categories of controlled substances

The curriculum sorts controlled substances into six major categories: narcotics, depressants, stimulants, hallucinogens, marihuana, and simulated controlled substances.

The categories describe what a substance is or does. They are not the same thing as the penalty groups, which decide the punishment. A category helps you recognize what you are looking at. The penalty group and the amount tell you the charge.

On the exam Be able to list all six, including simulated controlled substances.

Fill in the blank

  1. The six categories are narcotics, depressants, stimulants, , marihuana, and simulated controlled substances.

  2. The sixth category of controlled substances is controlled substances.

LO 15.3

Penalty groups and offense levels

Chapter 481 punishes by penalty group and amount. Manufacture or delivery is in 481.112 (PG 1), 481.1121 (PG 1-A), 481.1123 (PG 1-B), 481.113 (PG 2 and 2-A) and 481.114 (PG 3 and 4). Possession is in 481.115 (PG 1 and 1-B), 481.1151 (PG 1-A), 481.116 (PG 2), 481.1161 (PG 2-A), 481.117 (PG 3) and 481.118 (PG 4). As landmarks, cocaine, heroin and methamphetamine are listed in PG 1, LSD in PG 1-A, fentanyl in PG 1-B, MDMA and psilocybin in PG 2, and alprazolam and diazepam in PG 3. Amounts are by aggregate weight, including adulterants or dilutants.

Possession of PG 1 or 1-B: less than 1 gram is a state jail felony. 1 to less than 4 grams is a third degree felony. 4 to less than 200 grams is a second degree felony. 200 to less than 400 grams is a first degree felony. 400 grams or more is a first degree felony with 10 to 99 years or life and a fine up to $100,000. Possession of PG 2 starts the same way (state jail under 1 gram, third degree from 1 to less than 4 grams), is a second degree felony from 4 to less than 400 grams, and at 400 grams or more is 5 to 99 years or life and a fine up to $50,000.

Manufacture or delivery of PG 1: less than 1 gram is a state jail felony, 1 to less than 4 grams is a second degree felony, and 4 to less than 200 grams is a first degree felony. 200 to less than 400 grams carries 10 to 99 years or life and a fine up to $100,000. 400 grams or more carries 15 to 99 years or life and a fine up to $250,000. PG 1-B is harsher for manufacture or delivery: less than 1 gram is a third degree felony, 1 to less than 4 grams is second degree, 4 to less than 200 grams carries 10 to 99 years or life and a fine up to $20,000, 200 to less than 400 grams carries 15 years minimum and up to $200,000, and 400 grams or more carries 20 years minimum and up to $500,000. Possession of PG 1-B is punished the same as PG 1.

PG 1-A is measured in abuse units, not grams. Possession: fewer than 20 units is a state jail felony, 20 to fewer than 80 is third degree, 80 to fewer than 4,000 is second degree, 4,000 to fewer than 8,000 is first degree, and 8,000 or more carries 15 to 99 years or life and a fine up to $250,000. PG 3 and 4 use a 28 gram line. Possession of less than 28 grams is a Class A misdemeanor for PG 3 and a Class B misdemeanor for PG 4. Manufacture or delivery of less than 28 grams of either is a state jail felony. Possession of PG 2-A follows the marihuana scale.

Marihuana is measured in ounces and pounds. Possession of a usable quantity: 2 ounces or less is a Class B misdemeanor, more than 2 up to 4 ounces is Class A, more than 4 ounces up to 5 pounds is a state jail felony, more than 5 up to 50 pounds is third degree, more than 50 up to 2,000 pounds is second degree, and more than 2,000 pounds carries 5 to 99 years or life and a fine up to $50,000. Delivery of one-fourth ounce or less is Class B without remuneration and Class A with it. Delivery of a PG 1, 1-A, 1-B, 2 or 3 substance or marihuana to a child, meaning a person younger than 18, is a second degree felony.

Several possession sections carry a defense for a person who was the first to request emergency medical help for another person’s possible overdose, stayed on scene and cooperated, or who was the overdose victim. It reaches only the lowest tier, such as under 1 gram of PG 1, and is found in 481.115(g), 481.1151(c), 481.116(f), 481.1161(c), 481.117(f), 481.118(f), 481.119(c) and 481.121(c). It is lost if, among other things, officers were already arresting the person or executing a search warrant, the person has a prior conviction or deferred adjudication under Chapter 481, 483 or 485, or the person made another overdose call in the preceding 18 months.

Statutes and cases
  • Health and Safety Code Sec. 481.112 · Manufacture or Delivery of Substance in Penalty Group 1
    State jail felony under 1 gram, second degree from 1 to less than 4 grams, first degree from 4 grams up, with enhanced minimums and fines at 200 and 400 grams.
  • Health and Safety Code Sec. 481.1121 · Manufacture or Delivery of Substance in Penalty Group 1-A
    By abuse units: state jail felony under 20, second degree from 20 to fewer than 80, first degree from 80, and 15 to 99 years or life with a fine up to $250,000 at 4,000 or more.
  • Health and Safety Code Sec. 481.1123 · Manufacture or Delivery of Substance in Penalty Group 1-B
    Third degree felony under 1 gram, second degree from 1 to less than 4 grams, then first degree with minimums of 10, 15 and 20 years at 4, 200 and 400 grams.
  • Health and Safety Code Sec. 481.113 · Manufacture or Delivery of Substance in Penalty Group 2 or 2-A
    State jail felony under 1 gram, second degree from 1 to less than 4 grams, first degree from 4 to less than 400 grams, and 10 to 99 years or life with a fine up to $100,000 at 400 grams or more.
  • Health and Safety Code Sec. 481.114 · Manufacture or Delivery of Substance in Penalty Group 3 or 4
    State jail felony under 28 grams, second degree from 28 to less than 200 grams, first degree from 200 grams, with 10 to 99 years or life and a fine up to $100,000 at 400 grams or more.
  • Health and Safety Code Sec. 481.115 · Possession of Substance in Penalty Group 1 or 1-B
    State jail felony under 1 gram, third degree from 1 to less than 4 grams, second degree from 4 to less than 200 grams, first degree from 200 grams. Subsection (g) holds the overdose defense for the under 1 gram tier.
  • Health and Safety Code Sec. 481.1151 · Possession of Substance in Penalty Group 1-A
    By abuse units: state jail felony under 20, third degree from 20, second degree from 80, first degree from 4,000, enhanced at 8,000 or more.
  • Health and Safety Code Sec. 481.116 · Possession of Substance in Penalty Group 2
    State jail felony under 1 gram, third degree from 1 to less than 4 grams, second degree from 4 to less than 400 grams, and 5 to 99 years or life with a fine up to $50,000 at 400 grams or more.
  • Health and Safety Code Sec. 481.1161 · Possession of Substance in Penalty Group 2-A
    Class B misdemeanor at 2 ounces or less, Class A up to 4 ounces, state jail felony up to 5 pounds, third degree up to 50 pounds, second degree up to 2,000 pounds, first degree above that.
  • Health and Safety Code Sec. 481.117 · Possession of Substance in Penalty Group 3
    Class A misdemeanor under 28 grams, third degree from 28 to less than 200 grams, second degree from 200 to less than 400 grams, first degree at 400 grams or more.
  • Health and Safety Code Sec. 481.118 · Possession of Substance in Penalty Group 4
    Class B misdemeanor under 28 grams, then the same felony steps as Penalty Group 3.
  • Health and Safety Code Sec. 481.119 · Manufacture, Delivery, or Possession of Miscellaneous Substances
    For substances scheduled by the commissioner but not in a penalty group. Manufacture or delivery is a Class A misdemeanor, rising with prior convictions. Possession is a Class B misdemeanor.
  • Health and Safety Code Sec. 481.120 · Delivery of Marihuana
    One-fourth ounce or less is Class B without remuneration and Class A with it. More than one-fourth ounce up to 5 pounds is a state jail felony, up to 50 pounds second degree, up to 2,000 pounds first degree.
  • Health and Safety Code Sec. 481.121 · Possession of Marihuana
    Requires a usable quantity. Class B at 2 ounces or less, Class A up to 4 ounces, state jail felony up to 5 pounds, third degree up to 50 pounds, second degree up to 2,000 pounds.
  • Health and Safety Code Sec. 481.122 · Delivery of Controlled Substance or Marihuana to Child
    Second degree felony to knowingly deliver a PG 1, 1-A, 1-B, 2 or 3 substance or marihuana to a person younger than 18, or to a person enrolled in a primary or secondary school.
  • Health and Safety Code Sec. 444.004 · Distribution or Sale of Kratom Product to Minor
    Listed in the TCOLE outline for this objective.
  • Health and Safety Code Sec. 481.124 · Possession or Transport of Certain Chemicals With Intent to Manufacture
    Possessing or transporting anhydrous ammonia, an immediate precursor or a chemical precursor with intent to unlawfully manufacture. Second degree felony for PG 1, 1-A or 1-B, third degree for PG 2, state jail felony for PG 3 or 4.
  • Health and Safety Code Sec. 481.125 · Possession or Delivery of Drug Paraphernalia
    Use or possession with intent to use is a Class C misdemeanor. Delivery is a Class A misdemeanor. Delivery by an adult to a person younger than 18 and at least three years younger than the actor is a state jail felony.
  • Health and Safety Code Sec. 481.133 · Falsification of Drug Test Results
    Using or possessing with intent to use a substance or device designed to falsify drug test results is a Class B misdemeanor. Delivering or manufacturing one is a Class A misdemeanor.
  • Health and Safety Code Sec. 481.141 · Manufacture or Delivery Causing Death or Serious Bodily Injury
    If a person died or suffered serious bodily injury from the substance the defendant manufactured or delivered, punishment for a state jail, third degree or second degree offense is increased by one degree.
  • Health and Safety Code Sec. 482.001 · Simulated Controlled Substances
    Listed in the TCOLE outline as the definitions section for simulated controlled substances.
  • Health and Safety Code Sec. 482.002 · Unlawful Delivery or Manufacture With Intent to Deliver; Criminal Penalty
    Listed in the TCOLE outline as the offense section for simulated controlled substances.

On the exam Expect a question that gives a penalty group and a weight and asks for the offense level. Know the 1 gram, 4 gram, 200 gram and 400 gram lines, and the 28 gram line for PG 3 and 4.

Fill in the blank

  1. Possession of less than one gram of a Penalty Group 1 substance is a .

  2. Possession of two ounces or less of marihuana is a misdemeanor.

  3. Penalty Group 1-A amounts are measured in , not grams.

  4. Delivery of a controlled substance to a child is a felony of the degree.

Practice

Questions on what you just read.

3 questions
  1. Question 1 · LO 15.1

    During a traffic stop you find a bag of cocaine in the locked glove box of a car. The driver owns the car, holds the only key, and is alone. He says, “That is not mine, I am holding it for a friend.” Under 481.002, does he possess it?

  2. Question 2 · LO 15.3

    A woman is found with 2.5 grams of methamphetamine, a Penalty Group 1 substance, including adulterants and dilutants. There is no evidence of intent to deliver. What is the offense level?

  3. Question 3 · LO 15.3

    A man delivers half a gram of fentanyl, a Penalty Group 1-B substance. How does the punishment compare with delivering half a gram of a Penalty Group 1 substance?

0 of 3 answered
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Last checked against the Texas statutes in September 2026. This guide is a study aid for the TCOLE licensing exam. It is not legal advice, and your academy’s instruction and your department’s policy come first.

Key statutes cited

The law that drives the questions.

Tex. CCP art. 38.14STATUTE
Tex. CCP art. 38.141STATUTE

What recruits ask about this chapter.

How does the TCOLE curriculum define following terms contained in the Texas controlled Substances Act, Health & Safety Code (HSC)?

Define the following terms contained in the Texas controlled Substances Act, Health & Safety Code (HSC). Includes: administer; controlled substance; controlled substance analogue; counterfeit substance; deliver or offer to deliver; dispense; distribute; drug.

How does a Texas peace officer identify six major categories of controlled substances?

Identify the six major categories of controlled substances. Includes: narcotics; depressants; stimulants; hallucinogens; marihuana; simulated controlled substances.

What does the TCOLE curriculum say about using the appropriate resource, identify penalty groups for manufacture, delivery, and possession of controlled substances, simulated controlled substances, controlled substance analogues, and other controlled substance offenses?

Instructor Note: Although students are not required to memorize specific drugs included in penalty groups, the most commonly abused drugs location should be identified by the instructor within the applicable penalty group. Students will learn how to locate the appropriate drug within a penalty group and appropriate offense levels.

How does a Texas peace officer identify enhancements that may affect the punishment one receives for violating the Texas drug laws?

Identify enhancements that may affect the punishment one receives for violating the Texas drug laws. Includes: deadly weapon findings – Penal Code Chapter 1.07(a)(17), Penal Code Chapter 12.35(c)(1)(state jail felony punished as third degree if deadly weapon used in commission of offense in or immediate flight there from), Government Code Chapter Sec.

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Related study guides in Illegal Substances and Special Regulations.

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