Health & Safety Code § 481.116(e) · First-degree felony

POSS CS PG 2 >= 400G

Possession of Controlled Substance Penalty Group 2 at least 400 g in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,750
Median cash bail
5%
Released on personal bond
1,967
Bail records

What “POSS CS PG 2 >= 400G” means

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:

Charged asShare of bail recordsPossible confinementFineSource
First-degree felony100% 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.

Bail for POSS CS PG 2 >= 400G in Texas

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

Recent POSS CS PG 2 >= 400G cases

CaseCountyFiledDisposedOutcome
25-12-20573MontgomeryDec 18, 2025Jun 11, 2026Dismissed by the prosecutor
NA26-558ComalMay 5, 2026May 5, 2026Dismissed by the prosecutor
NA26-167ComalMar 4, 2026Mar 4, 2026Dismissed by the prosecutor
NA26-174ComalMar 4, 2026Mar 4, 2026Dismissed by the prosecutor
NA26-176ComalMar 4, 2026Mar 4, 2026Dismissed by the prosecutor
23-DCR-104744FortBendDec 9, 2024Feb 12, 2026Dismissed by the prosecutor
25-09-15228MontgomerySep 17, 2025Feb 3, 2026Dismissed by the prosecutor
23-CR-1987GalvestonMay 30, 2023Jul 22, 2025Dismissed by the prosecutor
23-DCR-104759FortBendMar 7, 2024Jul 17, 2025Dismissed by the prosecutor
24-CR-3784GalvestonSep 27, 2024Jun 20, 2025Deferred adjudication

Related charges

Charged with POSS CS PG 2 >= 400G?

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Bail 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.