Possession of a Controlled Substance
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Possession of a controlled substance in Texas refers to the unlawful custody, care, or control over drugs categorized into various penalty groups. Possession of a Controlled Substance in Texas as a criminal offense is spelled out in Chapter 481 of the Texas Health and Safety Code, with the Penalty Groups (PG 1, 1-A, 1-B, 2, 2-A, 3, and 4) defined in Subchapter B and the offense and penalties laid out in Subchapter D. Under Texas Health and Safety Code Sections 481.115 – 481.118, the categorization of substances into penalty groups is based on potential for abuse and accepted medical use, although this has often been the center of much debate. Penalties for drug possession in Texas vary depending on the type and amount of the substance, ranging from a Class B misdemeanor to enhanced first degree felonies carrying up to life in prison.
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Possession of a Controlled Substance and Penalty Groups in Texas
The punishment for drug possession in Texas depends on which penalty group the drug falls into and the quantity of the drugs. There are nine drug penalty groups under Texas law (PG1, PG1-A, PG1-B, PG-2, PG-2A, PG-3, PG-4, Dangerous Drugs, and Marijuana). Drugs are categorized according to their addictive nature and whether they have any accepted medical purpose (as determined by the Texas legislature, at least).
What Penalty Group is a Drug in Texas?
One of the challenges with the penalty groups in Texas is that if you look at Chapter 481 of the Texas Health and Safety Code, all of the drugs are listed by their chemical names. Even a common drug like methamphetamine can be difficult to find unless you know the exact chemical compound you are looking for. To address this challenge, we have put together the first and only comprehensive list of chemical names and street names for drugs in Texas penalty groups. You can find it in the PDF below:
Drug Possession in Texas
Drug possession charges are extremely common in Texas, but not all drugs are treated equally. Possessing four grams of methamphetamine, for example, is punished much more harshly than possessing a marijuana joint. That’s because all controlled substances fall into penalty groups in Texas, with Penalty Group 1 being the most addictive and dangerous in the eyes of the law.
Methamphetamine is in Penalty Group 1, along with crack and heroin. Marijuana — which, yes, is still illegal in Texas — is in its own, less serious penalty group. Fentanyl was recently moved to its own penalty group: 1-B.
Even though some penalty groups carry harsher penalties, it’s important to realize that any Texas drug possession charge can negatively impact your life, resulting in jail time, fines, license suspensions, and a permanent criminal record.
Here’s a look at the penalty groups in Texas and answers to the most frequently asked questions about drug possession charges across the state.
What is a Controlled Substance in Texas?
A controlled substance is a drug or chemical whose use and distribution is tightly regulated by state and federal law because of its abuse potential or risk. This can include illicit drugs or prescription medications.
What is Possession of a Controlled Substance in Texas?
Under Chapter 481 of the Texas Health and Safety Code — also known as the Texas Controlled Substances Act — an individual can be charged with possession of a controlled substance if he or she knowingly or intentionally possesses any of the substances listed in the penalty groups without a valid prescription from a doctor. This includes drugs, dangerous drugs, chemicals, narcotics, stimulants, prescription pills, medications, synthetic substances, and natural substances.
How are Drugs Classified in Texas?
Controlled substances are classified into penalty groups, which are based on the legislature’s beliefs about risks of abuse and whether or not there are accepted medical uses for a drug. Drugs are categorized into Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, and 4. Marijuana is in its own separate category, with its own penalties.
Before we go into detail about the various penalty groups for drugs in Texas, here’s a general overview:
PG1 – Opiates, cocaine, meth, GHB, and ketamine.
PG1A – LSD
PG1B – Fentanyl
PG2 – Hallucinogens, including THC and central nervous system depressants
PG2-A – Synthetic marijuana/cannabinoids
PG3 – Stimulants and depressants like Ritalin, benzos, Xanax
PG4 – Narcotics that include codeine and morphine but have medical value
What are the Abbreviations in Texas Drug Possession Charges?
| POCS PG 1 | Possession of a Controlled Substance Penalty Group 1 |
| POCS PG 1-A | Possession of a Controlled Substance Penalty Group 1-A |
| POCS PG 1-B | Possession of a Controlled Substance Penalty Group 1-B |
| POCS PG 2 | Possession of a Controlled Substance Penalty Group 2 |
| POCS PG 2-A | Possession of a Controlled Substance Penalty Group 2-A |
| POCS PG 3 | Possession of a Controlled Substance Penalty Group 3 |
| POCS PG 4 | Possession of a Controlled Substance Penalty Group 4 |
| DFZ | Drug Free Zone |
| POMu2 | Possession of Marijuana under 2 Oz |
What are the Drug Penalty Groups in Texas?
In Texas, drugs are classified into Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, and 4. Here’s a breakdown of each group and their punishment ranges:
Penalty Group 1
The drugs in Penalty Group 1 are the most heavily regulated in Texas, as the legislature has determined they have no accepted medical use. They include the most dangerous and addictive drugs, including:
- Cocaine
- Crack
- Heroin
- Methamphetamine
- Special K – Ketamine
- Oxycontin (Oxycodone)
- Codeine
- GHB
- Opium
- Methadone
- Hydrocodone over 300 grams (including in Vicodin)
Punishment for Possession of a Controlled Substance Penalty Group 1
| Possession of Controlled Substance Penalty Group One (PG1) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 200 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 400 grams or more | Enhanced First Degree | 10 to 99 years or life, and a fine of not more than $100,000 |
Penalty Group 1-A
The only controlled substance in Penalty Group 1-A is Acid – LSD or analogues of LSD. LSD is not grouped with other drugs because it is sold by the dose while other drugs are sold by weight.
Punishment for Possession of a Controlled Substance Penalty Group 1-A
| Possession of Controlled Substance Penalty Group 1-A (PG1-A) | Offense Level | Punishment Range |
|---|---|---|
| Fewer than 20 units | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 20 or more units, but less than 80 units | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 80 units or more, but less than 4,000 units | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 4,000 units or more, but less than 8,000 units | First Degree | 5 to 99 years in a state prison or life, and a fine of not more than $100,000 |
| 8,000 units or more | Enhanced First Degree | 15 to 99 years or life, and a fine of not more than $250,000 |
Penalty Group 1-B
The only controlled substance in Penalty Group 1-B is Fentanyl, along with its isomers and analogs.
Punishment for Possession of a Controlled Substance Penalty Group 1-B
| Possession of Controlled Substance Penalty Group 1-B (PG1-B) | Offense Level | Punishment Range |
|---|---|---|
| Under 1 Gram | State Jail Felony | 180 days – 2 years in State Jail and/or a fine of not more than $10,000 |
| 1-4 Grams | Third Degree Felony | 2-10 years in prison, and a fine of not more than $10,000 |
| 4-200 Grams | Second Degree | 2-20 years in prison and a fine of up to $10,000 |
| 200-400 Grams | First Degree | 5 – 99 years in prison or life, and a fine not to exceed $10,000 |
| Over 400 Grams | Enhanced First Degree | 10 – 99 years in prison or life, and a fine not to exceed $100,000 |
Fentanyl is a focus of prosecutors across the state of Texas. Texas has launched a War on Fentanyl. Prosecutors look for a way to file these as manufacturing or delivery charges and are also filing the newest fentanyl charge: fentanyl murder.
Penalty Group 2
Penalty Group 2 drugs are slightly less dangerous than Group 1 in the eyes of the Texas legislature. Most hallucinogens fall into Penalty Group 2 and include:
- MDMA, Molly, Ecstasy
- Bath Salts (Many bath salts)
- Adderall (Dextroamphetamine)
- PCP (Phencyclidine, Angel Dust)
- Mescaline (Peyote)
- Mushrooms (Psilocybin)
- Proposed legislation: Flakka (alpha-PVP)
- THC (Tetrahydrocannabinol); see CBD Oil Prosecution in Texas and Delta 8 THC, Delta 9 THC, Delta 10 THC and THCA in Texas
- “Analogs” of the penalty group 2 drugs (designer drugs that are chemically similar to a listed drug and that produce similar effects)
Punishment for Possession of a Controlled Substance Penalty Group 2
| Possession of Controlled Substance Penalty Group 2 (PG2) | Offense Level | Punishment Range |
|---|---|---|
| Less than one gram | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 1 gram or more, less than 4 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 4 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in a state prison and/or a fine of not more than $50,000 |
Penalty Group 2-A
Penalty Group 2-A is made up of synthetic marijuana, such as spice, K2, and other synthetic cannabinoids.
Punishment for Possession of a Controlled Substance Penalty Group 2-A
| Possession of Controlled Substance Penalty Group 2-A (PG 2-A) | Offense Level | Punishment Range |
|---|---|---|
| Less than two ounces | Class B misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 2 ounces or more but less than 4 ounces | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 4 ounces or more but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| 5 pounds ore more but less than 50 pounds | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 50 pounds or more, but less than 2,000 pounds | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 2,000 pounds ore more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 3
Penalty Group 3 includes many controlled substances that are depressants or stimulants such as:
- Valium
- Xanax (Alprazolam)
- Clonazepam
- Diazepam
- Hydrocodone less than 15mg/dose or less than 300 mg
- Codeine less than 90mg/dose
- Lorazepam
- Zolpidem
- Ritalin
- Testosterone
- HGH (Human Growth Hormone)
Punishment for Possession of a Controlled Substance Penalty Group 3
| Possession of Controlled Substance Penalty Group 3 (PG-3) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | 0-1 year in county jail, and up to $4,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
Penalty Group 4
Penalty Group 4 is made up of a wide range of controlled prescription medications that carry the potential for abuse, including:
- Opium
- Morphine
- Motofen
- Dangerous Drugs
Punishment for Possession of a Controlled Substance Penalty Group 4
| Possession of Controlled Substance Penalty Group 4 (PG4) | Offense Level | Punishment Range |
|---|---|---|
| Less than 28 grams | Class B Misdemeanor | 0-180 days in county jail and up to $2,000 fine |
| 28 grams or more, but less than 200 grams | Third Degree | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| 200 grams or more, but less than 400 grams | Second Degree | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years in state prison or life, and a fine not to exceed $50,000 |
What are Common Defenses for Texas Drug Possession Charges?
Common defenses for Texas drug possession charges stem from improper searches and seizures, as well as issues that arise during the chain of custody of the evidence. Other defenses include challenges to the affirmative link between the defendant and the substance, lack of knowledge, lab testing errors, and constructive vs. actual possession issues. There are also a number of diversion programs available in most Texas counties, both for the first-time offender and for offenders who are ready to make a substantial change in their lives.
How Do You Beat a Drug Possession Charge in Texas?
Most drug cases that end well end the same few ways. The first is suppression: the majority of possession cases begin with a traffic stop or a search, and if the stop was not supported by reasonable suspicion or the search exceeded what the law allows, the evidence can be thrown out — and without the drugs, there is no case. The second is the possession element itself: the State must prove you knowingly exercised care, custody, control, or management over the substance. Drugs found in a shared car, a borrowed jacket, or a roommate’s apartment are not automatically yours, and the State’s need to prove “affirmative links” between you and the contraband is a real hurdle. The third is the lab: substances must be tested and weighed, and lab backlogs, chain-of-custody problems, and aggregate-weight disputes create leverage. Finally, for many first-time offenders the exit is a diversion program or deferred adjudication that keeps a conviction off your record — and in some cases leaves the arrest eligible for expunction.
Results: When the Stop Falls, the Case Falls
A driver was passing through Texas on a major highway when he was pulled over as part of a drug-interdiction operation — the kind where officers watch for out-of-state plates and look for any reason they believe will hold up to stop the car. The search that followed produced two felony drug cases, a first-degree and a third-degree, filed in one of the most conservative jurisdictions in the state. He was a professional with everything to lose — his career, his reputation, his future.
We did not negotiate. We attacked the stop. On our motion to suppress, the court found the stop was bad — and when the stop went, the drugs went with it. The State’s felony cases could not survive without the evidence.
Not every win looks like a suppression hearing. We have resolved serious drug charges through first-offender and specialty diversion programs — including programs for veterans — that ended in complete dismissals, and in many of those cases we then obtained expunctions that erased the arrest itself.
Past results do not guarantee future outcomes.
Is Probation Mandatory for a First-Time Drug Offense in Texas?
Did you know that certain possession of controlled substance charges in Texas cannot result in a jail or prison sentence?
Pursuant to Texas Code of Criminal Procedure Article 42A.551, probation is mandatory for a person convicted of a state jail felony who has no prior felony convictions, if the current charge is for:
- Possession of a Controlled Substance u/1 Gram Penalty Group 1 481.115(b)
- Possession of a Controlled Substance under 5 units, Penalty Group 1-A 481.1151(b)(1)
- Possession of a Controlled Substance u/1Gram Penalty Group 2 481.116(b)
- Possession of a Controlled Substance 4oz to 5 lbs, Penalty Group 2-A 481.1161(b)(3)
- Possession of Marijuana 4oz to 5 lbs, 481.121(b)(3)
- Possession of a Prescription Form, 481.129(g)(1)
Probation for these offenses is not mandatory if the person had a previous felony conviction or was already on deferred adjudication for this offense.
Will My Driver's License Be Suspended for a Texas Drug Conviction?
A conviction for a Texas drug possession charge will result in a one-year license suspension if you are under 21. If you are over 21, a drug conviction will result in a six-month license suspension. If your driver’s license was suspended for a drug-related offense, you will need to complete a 15-hour Drug Education Program before the Texas Department of Public Safety (DPS) will reinstate your license.
Frequently Asked Questions About Texas Drug Possession
Can a drug possession charge be dismissed in Texas?
Yes. Dismissals most often come from suppressed evidence, failure to prove possession, lab problems, or completion of a diversion program. Prosecutors can also dismiss weak cases outright rather than risk an acquittal at trial.
Is jail time mandatory for a first-time possession charge?
No. For most first-time possession charges, probation, deferred adjudication, or a diversion program is a realistic outcome. Even in Penalty Group 1 cases under one gram — a state jail felony — judges can and often do place first offenders on community supervision.
What is the difference between possession and possession with intent to deliver?
Intent to deliver turns a possession case into a far more serious manufacture-or-delivery case. Prosecutors infer intent from quantity, packaging, scales, cash, and messages. Fighting that inference is often the difference of a decade in the punishment range.
Will a drug conviction suspend my driver's license?
Yes — a final conviction for a drug offense triggers a driver’s license suspension under Texas law, along with a drug education program requirement before reinstatement. Deferred adjudication handled correctly can avoid this.
Can a drug possession case be expunged in Texas?
If your case is dismissed, no-billed, or you are acquitted, you may be eligible for an expunction that erases the arrest. If you complete deferred adjudication, you may qualify for an order of nondisclosure instead. A conviction, including probation, cannot be expunged.
Charged With Drug Possession? Find Your Local Defense Team
Drug cases are filed and tried county by county, and outcomes turn on who the prosecutors are, how the local courts run, and which diversion programs exist there. Our criminal defense team defends drug charges across Texas. Talk to a Fort Worth drug lawyer, a Dallas drug possession lawyer, a Houston drug lawyer, a Denton County drug lawyer, a Fort Bend County drug lawyer, or a Collin County drug lawyer today.
Facing a Texas Drug Possession Charge? Contact Us.
If you or a loved one is facing a Texas drug possession charge, it’s imperative to have a skilled, aggressive drug crime lawyer in your corner. We can help. Our team has decades of experience and a record of exceptional results handling all types of drug crimes across Texas. If there is an issue with your case, we will find it and fight for you every step of the way.
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Texas Drug Penalty Groups
Penalty Group 1
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Less than 1 gram | State Jail Art. 481.115(b) | State Jail Art. 481.112(b) |
| 1 gram or more, but less than 4 grams | Third-degree felony Art. 481.115(c) | Second-degree felony Art. 481.112(c) |
| 4 grams or more, but less than 200 grams | Second-degree felony Art. 481.115(d) | First-degree felony Art. 481.112(d) |
| 200 grams or more, but less than 400 grams | First-degree felony Art. 481.115(e) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $100,000 Art. 481.112(e) |
| 400 grams or more | Enhanced first-degree felony: 10–99 years or life, and a fine up to $100,000 Art. 481.115(f) | Enhanced first-degree felony: 15–99 years or life, and a fine up to $250,000 Art. 481.112(f) |
Penalty Group 1-A
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Fewer than 20 units | State Jail Art. 481.1151(b)(1) | State Jail Art. 481.1121(b)(1) |
| 20 or more units, but less than 80 units | Third-degree felony Art. 481.1151(b)(2) | Second-degree felony Art. 481.1121(b)(2) |
| 80 units or more, but less than 4,000 units | Second-degree felony Art. 481.1151(b)(3) | First-degree felony Art. 481.1121(b)(3) |
| 4,000 units or more, but less than 8,000 units | First-degree felony Art. 481.1151(b)(4) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $250,000 Art. 481.1121(b)(4) |
| 8,000 units or more | Enhanced first-degree felony: 15–99 or life, and a fine up to $250,000 Art. 481.1151(b)(5) | Enhanced first-degree felony: 15–99 years or life, and a fine up to $250,000 Art. 481.1121(b)(5) |
Penalty Group 1-B (fentanyl or any derivative)
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Under 1 gram | State Jail Art. 481.115(b) | State Jail Art. 481.1123A) |
| 1-4 grams | Third-degree felony Art. 481.115(c) | Second-degree felony Art. 481.1123(b) |
| 4-200 grams | Second-degree felony Art. 481.115(d) | First-degree felony Art. 481.1123(c) |
| 200-400 grams | First-degree felony Art. 481.115(e) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $200,000 Art. 481.1123(d) |
| Over 400 grams | Enhanced first-degree felony: 10–99 years or life in a state prison, and a fine up to $100,000 Art. 481.115(f) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $200,000 Art. 481.1123(f) |
Penalty Group 2
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Less than 1 gram | State Jail Art. 481.116(b) | State Jail Art. 481.113(b) |
| 1 gram or more, but less than 4 grams | Third-degree felony Art. 481.116(c) | Second-degree felony Art. 481.113(c) |
| 4 grams or more, but less than 400 grams | Second-degree felony Art. 481.116(d) | First-degree felony Art. 481.113(d) |
| 400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000 Art. 481.116(e) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.113(e) |
Penalty Group 2-A
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Less than 2 ounces | Class B Art. 481.1161(b)(1) | State Jail Art. 481.113(b) |
| 2 ounces or more, but less than 4 ounces | Class A Art. 481.1161(b)(2) | Second-degree felony Art. 481.113(c) |
| 4 ounces or more, but less than 5 pounds | State Jail Art. 481.1161(b)(3) | First-degree felony Art. 481.113(d) |
| 5 pounds or more, but less than 50 pounds | Third-degree felony Art. 481.1161(b)(4) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.113(e) |
| 50 pounds or more, but less than 2,000 pounds | Second-degree felony Art. 481.1161(b)(5) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.113(e) |
| 2,000 pounds or more | Special first-degree felony: 5–99 or life and a fine up to $50,000 Art. 481.1161(b)(6) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.113(e) |
Penalty Group 3
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Less than 28 grams | Class A misdemeanor Art. 481.117(b) | State Jail Art. 481.114(b) |
| 28 grams or more, but less than 200 grams | Third-degree felony Art. 481.117(c) | Second-degree felony Art. 481.114(c) |
| 200 grams or more, but less than 400 grams | Second-degree felony Art. 481.117(d) | First-degree felony Art. 481.114(d) |
| 400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000 Art. 481.117(e) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.114(e) |
Penalty Group 4
| Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
| Less than 28 grams | Class B Art. 481.118(b) | State Jail Art. 481.114(b) |
| 28 grams or more, but less than 200 grams | Class A Art. 481.118(c) | Second-degree felony Art. 481.114(c) |
| 200 grams or more, but less than 400 grams | Second-degree felony Art. 481.118(d) | First-degree felony Art. 481.114(d) |
| 400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000 Art. 481.118(e) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000 Art. 481.114(e) |