Your post is not clear on whether you were charged with possession, manufacturing or delivering so I have given you all of the statutes.
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§ 481.103. PENALTY GROUP 2.
(a) Penalty Group 2 consists of:
(1) any quantity of the following hallucinogenic
substances, their salts, isomers, and salts of isomers, unless
specifically excepted, if the existence of these salts, isomers,
and salts of isomers is possible within the specific chemical
designation:
Psilocybin
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§ 481.106. CLASSIFICATION OF CONTROLLED SUBSTANCE ANALOGUE.
For the purposes of the prosecution of an offense under
this subchapter involving the manufacture, delivery, or possession of a controlled substance, Penalty Groups 1, 1-A, and 2 include a controlled substance analogue that:
(1) has a chemical structure substantially similar to
the chemical structure of a controlled substance listed in the
applicable penalty group; or
(2) is specifically designed to produce an effect
substantially similar to, or greater than, a controlled substance listed in the applicable penalty group.
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§ 481.113. OFFENSE: MANUFACTURE OR DELIVERY OF SUBSTANCE
IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 2.
(b) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance to which the offense
applies is, by aggregate weight, including adulterants or
dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the
second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the first
degree if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
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§ 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2.
(a) Except as authorized by this chapter, a person
commits an offense if the person knowingly or intentionally
possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.
(b) An offense under Subsection (a) is a state jail felony
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, less than one gram.
(c) An offense under Subsection (a) is a felony of the third
degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the
second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams.
(e) An offense under Subsection (a) is punishable by
imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more.
2007-06-24 07:51:22
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answer #1
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answered by QueenLori 5
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