What amount of a controlled substance in Penalty Group 4 is considered a misdemeanor?

The correct amount of a controlled substance in Penalty Group 4 that is considered a misdemeanor is less than 28 grams. In Texas, Penalty Group 4 primarily includes substances like certain hallucinogenic drugs, which are associated with less potency compared to those found in the other penalty groups.

Under Texas law, possessing less than 28 grams of a Penalty Group 4 controlled substance is classified as a Class A misdemeanor, which carries a lower level of punishment compared to offenses involving larger amounts or substances categorized in higher penalty groups. This classification reflects the legal view that smaller quantities of certain drugs may be indicative of personal use rather than distribution.

Other amounts specified in the answer choices do not fall under the misdemeanor classification for Penalty Group 4. For instance, possessing less than 5 grams is not the defined threshold for either a misdemeanor or a felony, and higher amounts would lead to more severe legal repercussions, which would categorize the offense differently, typically escalating to felony charges. Thus, understanding the correct amount assists in navigating the legal ramifications associated with drug possession under the Health and Safety Code.