Possession of Controlled Substance — PG 1
Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.
To prove this offense, the State must establish each of the following elements: PG 1 substance; <1 g aggregate (incl. adulterants/dilutants); State jail felony.
The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- PG 1 substance
- <1 g aggregate (incl. adulterants/dilutants)
- State jail felony
Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| <1 g | State jail felony | §481.115(b) |
| ≥1 g but <4 g | 3rd degree felony | §481.115(c) |
| ≥4 g but <200 g | 2nd degree felony | §481.115(d) |
| ≥200 g but <400 g | 1st degree felony | §481.115(e) |
| ≥400 g | 10–99 yrs or life; fine up to $100,000 | §481.115(f) |
Practice 7 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
POSS CS PG 1 less than 1 gram is what level of offense (HSC §481.115(b))?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
POSS CS PG 1 ≥4 grams but <200 grams is what level?
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony
- Enhanced 1st degree
POSS CS PG 1 ≥400 grams carries what punishment range?
- 5–99 years or life, fine up to $10,000
- 10–99 years or life, fine up to $100,000 Correct
- 15–99 years or life, fine up to $250,000
- Standard 1st degree (5–99 / $10k)
Statutory definitions for this topic
- Aggregate weight (CS) Tex. Health & Safety Code §481.115(b)
- For drug possession ladders, the total weight INCLUDING any adulterants and dilutants — not the pure controlled substance weight. A 1 g packet that is 50% cocaine and 50% baking soda is still 1 g aggregate.