POSS CS PG 2 >= 1G < 4G
Possession of Controlled Substance Penalty Group 2 at least 1 g under 4 g in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “POSS CS PG 2 >= 1G < 4G” means
Texas Health and Safety Code § 481.116(c) covers knowing or intentional possession of a controlled substance listed in Penalty Group 2 in an aggregate weight, including adulterants or dilutants, of one gram or more but less than four grams. Penalty Group 2 consists chiefly of hallucinogenic and psychedelic substances — MDMA (ecstasy), psilocybin and psilocin, and mescaline — and tetrahydrocannabinol in forms other than the marihuana plant, which brings THC concentrates, edibles, and vape oils within the group. Possession means actual care, custody, control, or management of the substance, and the State must prove the person knew of it; no intent to deliver is required, which distinguishes this offense from § 481.113. The one-to-four-gram bracket is a third-degree felony, sitting between subsection (b), for under one gram, and subsection (d), which starts at four grams.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for POSS CS PG 2 >= 1G < 4G in Texas
Across 30,387 Texas bail settings for this charge (118 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $2,500 – $10,000). 13% of defendants were released on a personal bond, and bail was denied in 898 cases. When this was the only charge at booking (7,036 records), the median was $5,000 and 23% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 3,245 | $2,500 | $1,500 – $5,000 | 26% | 2% |
| Bexar | 2,538 | $3,500 | $2,500 – $6,000 | 16% | 3% |
| El Paso | 1,876 | $3,000 | $1,500 – $10,000 | 16% | 10% |
| Dallas | 1,860 | $5,000 | $2,000 – $10,000 | 4% | 5% |
| Collin | 1,157 | $3,000 | $1,500 – $7,500 | 20% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real POSS CS PG 2 >= 1G < 4G cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
- POSS CS PG 2 < 1G § 481.116(b)
- POSS CS PG 2 >= 4G < 400G § 481.116(d)
- POSS CS PG 2 >= 400G § 481.116(e)
Charged with POSS CS PG 2 >= 1G < 4G?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.