Did you know that being caught with less than a gram of cocaine can carry a harsher penalty than being caught with several ounces of marijuana? Drug charges are never one-size-fits-all—and the difference often comes down to what you were found with. From prescription pills to hard narcotics, the type of substance involved can shape everything about your case: the charges, the penalties, and even your future.
At the Law Office of Robert M. Maurer II & Associates, we understand how quickly these situations escalate. With more than 30 years of experience defending clients across South Texas, including San Antonio and its surrounding counties, we’re here to fight for your rights—day or night.
We’re one of the few firms in the area offering 24-hour consultations and Spanish-speaking support, ensuring every client feels seen and heard from the start.
Why Substance Type Matters in Drug Charges
Texas law classifies controlled substances into penalty groups. These groups determine the severity of the offense and guide prosecutors on how to charge a case.
Here’s how different substances are generally treated:
1. Penalty Group 1 (Most Severe)
Includes: Cocaine, heroin, methamphetamine, fentanyl
- Charges: Even small amounts can result in a felony.
- Penalties: Long prison terms, large fines, and mandatory minimums may apply.
2. Penalty Group 2
Includes: Ecstasy, PCP, and synthetic hallucinogens
- Charges: Typically less severe than Group 1, but still often felonies.
- Penalties: Vary based on weight and other circumstances (intent to distribute, school zone, etc.)
3. Penalty Group 3
Includes: Prescription drugs like Xanax, Valium, and Ritalin
- Charges: Possession without a prescription can still be a felony.
- Penalties: May allow for probation or treatment alternatives depending on the facts.
4. Penalty Group 4
Includes: Some less common opioids and compounds
- Charges: Often treated less harshly, especially for small amounts.
- Penalties: May result in misdemeanors under certain conditions.
5. Marijuana (Treated Separately)
Although attitudes toward marijuana have shifted, it is still illegal in Texas for most purposes.
- Charges: Possession of even a small amount is a crime.
- Penalties: Misdemeanors for less than two ounces, but the charges escalate quickly with larger amounts or intent to sell.
Other Factors That Can Impact the Outcome
- Intent to distribute: Having scales, baggies, or large sums of cash can increase charges.
- Location: Arrests near schools or certain public areas often carry enhanced penalties.
- Prior record: Repeat offenses can dramatically increase sentencing severity.
- Immigration status: Drug convictions may result in serious immigration consequences.
Why does all this matter?
Because the difference between a misdemeanor and a felony can mean the difference between a second chance and a lifelong record. And because when you’re facing serious drug charges, having the right drug defense lawyer matters just as much as the facts of the case.
The Right Defense Starts with the Right Attorney
Wondering how to protect yourself or a loved one after a drug arrest? The truth is, prosecutors treat every controlled substance differently—and without skilled legal help, that could mean facing penalties you might not expect.
At the Law Office of Robert M. Maurer II & Associates, we don’t treat our clients like case numbers. We know our community because we’re part of it. For over three decades, Robert M. Maurer has fought for clients in San Antonio and South Texas, using his deep ties and knowledge of the courts to help build strong defenses against drug-related charges. As an experienced drug crime lawyer and trusted criminal defense attorney, he is committed to protecting your rights with focus and care—day or night.
If you or someone you love is facing charges, reach out today for a 24/7 consultation. A strong legal defense starts with knowing you’re not alone. Let us stand by you.
