Penal Code · §481.115

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: Knowingly or intentionally possesses; A controlled substance in PG 1; Less than 1 gram (including 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

  • Knowingly or intentionally possesses
  • A controlled substance in PG 1
  • Less than 1 gram (including adulterants/dilutants)
  • State jail felony
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Possession of Controlled Substance — PG 1
Statute
Tex. Health & Safety Code §481.115
Classification
Graded by weight

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.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
<1 gState jail felony§481.115(b)
≥1 g but <4 g3rd degree felony§481.115(c)
≥4 g but <200 g2nd degree felony§481.115(d)
≥200 g but <400 g1st degree felony§481.115(e)
≥400 g10–99 yrs or life; fine up to $100,000§481.115(f)

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Worked examples

Worked example 1

Possession of less than one gram of a Penalty Group 1 substance ('POSS CS PG1 <1G') is what level of offense?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: Possession of less than 1 gram (by aggregate weight, including adulterants and dilutants) of a Penalty Group 1 substance is a state jail felony.
Statute: Tex. Health & Safety Code §481.115(b)
Worked example 2

Possession of one gram or more but less than four grams of a Penalty Group 1 substance is what level of offense?

  1. State jail felony
  2. 3rd degree felony Correct
  3. 2nd degree felony
  4. 1st degree felony
Why: 1g–<4g of PG 1 is a 3rd degree felony (2–10 years TDCJ; up to $10,000 fine).
Statute: Tex. Health & Safety Code §481.115(c)
Worked example 3

Possession of 4 grams or more but less than 200 grams of a Penalty Group 1 substance is what level of offense?

  1. 3rd degree felony
  2. 2nd degree felony Correct
  3. 1st degree felony
  4. Enhanced 1st degree (5–99 or life, fine up to $50,000)
Why: 4g–<200g of PG 1 is a 2nd degree felony (2–20 years TDCJ; up to $10,000 fine).
Statute: Tex. Health & Safety Code §481.115(d)