Possession of Controlled Substance — PG 3
Knowingly or intentionally possesses a controlled substance in Penalty Group 3 (Xanax/alprazolam, Valium/diazepam, codeine combos at higher strength, anabolic steroids — without prescription).
To prove this offense, the State must establish each of the following elements: PG 3 substance, less than 28g; Class A misdemeanor; Possession of 28g–<200g: 3rd degree felony; 200g–<400g: 2nd degree felony; 400g+: 1st degree felony (5–99/life, fine up to $50,000).
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 3 substance, less than 28g
- Class A misdemeanor
- Possession of 28g–<200g: 3rd degree felony
- 200g–<400g: 2nd degree felony
- 400g+: 1st degree felony (5–99/life, fine up to $50,000)
Knowingly or intentionally possesses a controlled substance in Penalty Group 3 (Xanax/alprazolam, Valium/diazepam, codeine combos at higher strength, anabolic steroids — without prescription).
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| <28 g | Class A misdemeanor | §481.117(b) |
| ≥28 g but <200 g | 3rd degree felony | §481.117(c) |
| ≥200 g but <400 g | 2nd degree felony | §481.117(d) |
| ≥400 g | 5–99 yrs or life; fine up to $50,000 | §481.117(e) |
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Worked examples
Possession of less than 28 grams of a Penalty Group 3 substance (e.g., Xanax, Valium without prescription) is what level of offense?
- Class B misdemeanor
- Class A misdemeanor Correct
- State jail felony
- 3rd degree felony