Penal Code · §481.116

Possession of Controlled Substance — PG 2

Knowingly or intentionally possesses a controlled substance in Penalty Group 2 (MDMA/ecstasy, PCP, psilocybin, listed psychedelics).

To prove this offense, the State must establish each of the following elements: PG 2 substance (MDMA, ecstasy, PCP, psilocybin, etc.); Less than 1 gram; 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 2 substance (MDMA, ecstasy, PCP, psilocybin, etc.)
  • Less than 1 gram
  • State jail felony
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Possession of Controlled Substance — PG 2
Statute
Tex. Health & Safety Code §481.116
Classification
Graded by weight

Knowingly or intentionally possesses a controlled substance in Penalty Group 2 (MDMA/ecstasy, PCP, psilocybin, listed psychedelics).

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
<1 gState jail felony§481.116(b)
≥1 g but <4 g3rd degree felony§481.116(c)
≥4 g but <400 g2nd degree felony§481.116(d)
≥400 g5–99 yrs or life; fine up to $50,000§481.116(e)

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Worked examples

Worked example 1

Possession of less than one gram of a Penalty Group 2 substance (e.g., MDMA, psilocybin) is what level of offense?

  1. Class B misdemeanor
  2. Class A misdemeanor
  3. State jail felony Correct
  4. 3rd degree felony
Why: PG 2 follows the same weight tiers as PG 1 except the basic possession ladder starts at state jail felony for less than 1 gram.
Statute: Tex. Health & Safety Code §481.116(b)