POSS CS PG 2 >= 400GTexas Health & Safety Code (HSC) § 481.116(e)
“POSS CS PG 2 >= 400G” stands for Possession of Controlled Substance Penalty Group 2 at least 400 g, a first-degree felony under Texas Health & Safety Code (HSC) § 481.116(e). It is punishable by 5 to 99 years or life in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “POSS CS PG 2 >= 400G” mean?
“POSS CS PG 2 >= 400G” stands for Possession of Controlled Substance Penalty Group 2 at least 400 g, a first-degree felony under Texas HSC § 481.116(e).
Texas Health and Safety Code § 481.116(e) is the top weight bracket for possession of a Penalty Group 2 controlled substance: 400 grams or more, aggregate weight including any adulterants or dilutants. Penalty Group 2 includes hallucinogens such as MDMA, psilocybin, and mescaline, along with tetrahydrocannabinol other than plant-form marihuana — a category that captures concentrated THC products. The State must prove the person knowingly or intentionally possessed the substance, meaning the person exercised actual care, custody, control, or management over it and was aware of its nature. Sale or intent to distribute is not an element. Because the group's possession tiers jump directly from the four-to-400-gram bracket in subsection (d) to this one, the 400-gram floor alone distinguishes this first-degree felony from the second-degree felony bracket below it.
Also appears on court records as:
What usually happens to a POSS CS PG 2 >= 400G charge?
67% ended without a conviction, 18% in deferred adjudication and 15% in a conviction.
How 27 resolved POSS CS PG 2 >= 400G charges filed 2019–2023 ended, across 8 counties (Collin, Comal, FortBend, Galveston, Hays, Montgomery, Travis, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a POSS CS PG 2 >= 400G case take to resolve?
Typically about 10 months: half of resolved cases closed within 307 days of filing.
Across 27 resolved POSS CS PG 2 >= 400G charges filed 2019–2023, the median time from filing to disposition was 307 days. The middle half took between 134 and 577 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real POSS CS PG 2 >= 400G cases end?
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
What is the punishment for Possession of Controlled Substance Penalty Group 2 at least 400 g in Texas?
5 to 99 years or life in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| First-degree felony | 5 to 99 years or life in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.32 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for POSS CS PG 2 >= 400G in Texas?
The median bail is $10,750, and 5% of defendants were released on a personal bond.
Across 1,967 Texas bail settings for this charge (20 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,750 (middle half: $5,000 – $25,000). 5% of defendants were released on a personal bond, and bail was denied in 59 cases. When this was the only charge at booking (269 records), the median was $20,000 and 7% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 162 | $10,000 | $2,500 – $19,125 | 2% | 0% |
| El Paso | 78 | $15,000 | $5,000 – $100,000 | 17% | 14% |
| Oldham | 76 | $20,000 | $10,000 – $30,000 | 1% | 0% |
| Bexar | 70 | $10,000 | $4,750 – $20,000 | 9% | 6% |
| Fort Bend | 61 | $2,500 | $1,000 – $10,000 | 28% | 2% |
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.
Charged with POSS CS PG 2 >= 400G?
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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.