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possession of a controlled substance in texas generally refers to the possession of some drug that can be a prescription drug without a prescription or it can be whats commonly referred to as a street drug essentially anything other than marijuana is going to fall into one of a number of penalty groups in texas those penalty groups for controlled substances are penalty group 1 1a a new group which is 1b 2 2a 3 and 4. and the penalty groups are based on the level of addictiveness and whether or not theres a valid medical purpose so for example in penalty group 1 you have substances like cocaine and heroin and methamphetamine which dont have a valid or widely accepted medical purpose so these are considered the most serious and therefore the punishments are the most serious as you go down the list youre going to see a variety of other substances for example the new category that i mentioned which is 1b is a new category just for fentanyl and the idea there was to ratchet up the possi