What Is a Felony Grade Substance in the Texas Penal Code?
Many jobs exclude those with a record of possession of a felony grade substance. If you have had a possession charge and are looking into a job such as a police officer or teacher, you may need clarification as to what substances qualify as felony grade.
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Penalty Groups
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There are five penalty groups under the Texas Penal Code covering all illegal drugs except for marijuana. The category partly determines felony substances. For instance, group one drugs include substances such as cocaine and heroin; possessing these always qualifies as a felony.
Drug Quantities
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The quantity of the drug in your possession determines its felony level and sometimes means the difference between a felony and misdemeanor. Possessing less than a gram of cocaine is a state felony, while possessing 400 grams or more is an enhanced first-degree felony. The first-degree felony carries a much longer prison sentence. However, if you had less than 28 grams of Valium, a group three drug, it would be a misdemeanor; possession becomes a felony for more than 28 grams.
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Marijuana
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Marijuana is in its own category. Being found in possession of a few ounces of marijuana is a misdemeanor. For marijuana possession to be felony, you must have four ounces or more.
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