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Penalty Group 1-A is LSD, and Texas is unusual in how it charges it: instead of weighing the drug in grams, the law counts "abuse units" — essentially the number of doses. Because a single blotter square counts as a unit, even a very small amount of LSD is a felony in Texas, and larger quantities carry some of the harshest ranges in the Controlled Substances Act.

If you or a loved one has been arrested for an LSD offense in Houston, Harris County, or Galveston, the charge is serious but very defensible. Brian Foley and Luis Baez are former prosecutors and experienced drug-defense attorneys.

What the Law Covers

Under Texas Health and Safety Code § 481.1151, it is an offense to knowingly or intentionally possess LSD without a valid prescription. Penalty Group 1-A was created specifically for LSD because it is dosed in micrograms and sold by the "hit," making weight-based charging impractical. Instead, the statute counts abuse units, including any adulterants and dilutants — meaning the blotter paper, gel, or sugar cube carrying the dose can be counted too.

The State must prove you exercised care, custody, control, or management over the LSD, that you did so knowingly, and that the substance was in fact LSD.

Penalty Range

Amount (abuse units)Offense LevelPunishment
Fewer than 20 unitsState Jail Felony180 days – 2 years state jail; up to $10,000 fine
20 to fewer than 80 unitsThird-Degree Felony2 – 10 years prison; up to $10,000 fine
80 to fewer than 4,000 unitsSecond-Degree Felony2 – 20 years prison; up to $10,000 fine
4,000 to fewer than 8,000 unitsFirst-Degree Felony5 – 99 years or life; up to $10,000 fine
8,000 units or moreEnhanced First-Degree Felony15 – 99 years or life; up to $250,000 fine
The unit count is everything

Because the abuse-unit total decides the felony level, how the State counts and tests the units can move a case across major sentencing lines. We scrutinize that count in every LSD case — and a drug-free-zone allegation or prior record can raise the range further.

How These Cases Are Defended

  • Illegal search and seizure. If the stop, the warrant, or the "consent" was unlawful, we move to suppress the drugs — and the case often ends there.
  • The abuse-unit count. We challenge how units were counted, whether the carrier medium was properly measured, and whether the lab's methodology holds up.
  • Knowing possession and affirmative links. Presence near LSD is not possession. When it is found in a shared car, home, or festival setting, the State must prove you knew and controlled it.
  • Lab analysis and chain of custody. Misidentification, degraded samples, and custody gaps all create reasonable doubt.
  • Diversion, dismissal, and expunction. First-time offenders may qualify for programs that end in dismissal, and a dismissed case can be expunged.

Collateral Consequences

A felony LSD conviction can end careers, professional licenses, and access to housing and student aid, and it creates serious immigration consequences for non-citizens. Because so many LSD arrests involve young people and first-time offenders, protecting the future — and the record — is usually the heart of the case.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how drug cases are built from the search to the lab report. If you or a loved one has been charged with an LSD offense in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions


What drug is in Penalty Group 1-A?
Penalty Group 1-A applies specifically to LSD (lysergic acid diethylamide). Because LSD is sold and used by the dose rather than by measurable weight, Texas is unusual in measuring it in 'abuse units' — essentially the number of doses or hits — rather than grams.
How is LSD measured for charging in Texas?
By 'abuse units.' One abuse unit is generally treated as a single dose — for example, one blotter square or one drop. The number of units, including any adulterants or dilutants, determines the offense level, which is why even a small amount of LSD can carry a serious felony charge.
What is the punishment for possession of LSD in Texas?
By abuse units: fewer than 20 units is a state jail felony (180 days to 2 years); 20 to fewer than 80 units is a third-degree felony (2 to 10 years); 80 to fewer than 4,000 units is a second-degree felony (2 to 20 years); 4,000 to fewer than 8,000 units is a first-degree felony (5 to 99 years or life); and 8,000 units or more is punishable by 15 to 99 years or life and a fine up to $250,000.
Is possession of LSD always a felony?
Yes. There is no misdemeanor level for LSD possession in Texas — even a single dose is a state jail felony. That makes an experienced defense especially important, because the difference between a dismissal and a felony conviction can come down to the search, the lab analysis, or the unit count.
Can an LSD charge be dismissed?
Yes. LSD cases often turn on an unlawful search, whether the State can prove you knowingly possessed the substance, and how the abuse units were counted and tested. First-time offenders may qualify for pretrial diversion, and a dismissal or acquittal can be expunged from your record.

Speak With a Houston Criminal Defense Attorney Today


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