Health & Safety Code § 481.116(d) · Second-degree felony

POSS CS PG 2 >= 4G < 400GTexas Health & Safety Code (HSC) § 481.116(d)

“POSS CS PG 2 >= 4G < 400G” stands for Possession of Controlled Substance Penalty Group 2 at least 4 g under 400 g, a second-degree felony under Texas Health & Safety Code (HSC) § 481.116(d). It is punishable by 2 to 20 years in prison and a fine up to $10,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

59%
Not convicted
204 days
Median time to resolve
$7,500
Median bail

What does “POSS CS PG 2 >= 4G < 400G” mean?

“POSS CS PG 2 >= 4G < 400G” stands for Possession of Controlled Substance Penalty Group 2 at least 4 g under 400 g, a second-degree felony under Texas HSC § 481.116(d).

Texas Health and Safety Code § 481.116(d) applies to knowing or intentional possession of a controlled substance in Penalty Group 2 in an aggregate weight, including adulterants or dilutants, of four grams or more but less than 400 grams. Penalty Group 2 is dominated by hallucinogenic and psychedelic compounds — MDMA, psilocybin, mescaline — and by tetrahydrocannabinol in forms other than the marihuana plant, so THC wax, oils, and edibles are commonly charged under this statute. Possession requires proof of actual care, custody, control, or management of the substance, exercised knowingly; intent to deliver is not required. Unlike the Penalty Group 1 possession statute, § 481.116 has no separate 200-gram tier, so this single second-degree felony bracket spans four grams to just under 400 grams, bounded by subsection (c) below and subsection (e) above.

What usually happens to a POSS CS PG 2 >= 4G < 400G charge?

59% ended without a conviction, 28% in deferred adjudication and 13% in a conviction.

How 1,617 resolved POSS CS PG 2 >= 4G < 400G charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

59%
Not convicted (952)
Dismissed by the prosecutor54%
Dismissed after a diversion program1%
Dismissed, but convicted on a companion charge2%
Dismissed — refiled or handled in another case2%
No-billed by the grand jury0%
28%
Deferred adjudication (444)
Deferred adjudication28%
13%
Convicted (217)
Guilty or no-contest plea12%
Plea to a lesser charge1%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Montgomery428 74%8%18% 128
Collin267 21%68%12% 194
Harris219 75%15%11% 309
Hays178 60%30%10% 351
Comal101 82%6%12% —

Outcome is the final disposition recorded on the charge. “Other” (4) 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 >= 4G < 400G case take to resolve?

Typically about 7 months: half of resolved cases closed within 204 days of filing.

Across 1,599 resolved POSS CS PG 2 >= 4G < 400G charges filed 2019–2023, the median time from filing to disposition was 204 days. The middle half took between 104 and 375 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 >= 4G < 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

196079301010 · Harris County
Filed Apr 21, 2026 → Dismissed by the prosecutor Aug 26, 2026 (4 months)
DISMISSED
25-DCR-110533 · FortBend County
Filed Apr 28, 2025 → Dismissed by the prosecutor Aug 25, 2026 (16 months)
Dismissed
NA26-763 · Comal County
Filed Aug 24, 2026 → Dismissed by the prosecutor Aug 24, 2026
Non-Prosecution Affidavit
26-03-03934 · Montgomery County
Filed Mar 9, 2026 → Dismissed by the prosecutor Aug 24, 2026 (6 months)
Dismissed

Deferred adjudication

26-03-04732 · Montgomery County
Filed Mar 20, 2026 → Deferred adjudication Aug 20, 2026 (5 months) · plea: guilty
CSCD 4 Years with Community Service of 150 Hours $2,500 Fine, 4 Years Deferred Adjudication
21-F-138 · Bastrop County
Filed Dec 2, 2025 → Deferred adjudication Aug 12, 2026 (8 months) · plea: guilty
CR2026-173E · Comal County
Filed Feb 4, 2026 → Deferred adjudication Aug 12, 2026 (6 months) · plea: guilty
CSCD 5 Years with Community Service of 200 Hours
24-DCR-107228 · FortBend County
Filed Jan 27, 2025 → Deferred adjudication Aug 10, 2026 (18 months) · plea: guilty
CSCD 4 Years

Ended in a conviction

26-01-01066 · Montgomery County
Filed Jan 21, 2026 → Guilty or no-contest plea Jul 16, 2026 (6 months) · plea: guilty
CSCD 5 Years with Community Service of 150 Hours $2,500 Fine, 10 Years TDCJ probated for 5 years
CR2026-537C · Comal County
Filed Apr 15, 2026 → Guilty or no-contest plea Jun 9, 2026 (2 months) · plea: guilty
CSCD 10 Years with Community Service of 200 Hours
F-25-41224 · Dallas County
Filed Mar 16, 2026 → Guilty or no-contest plea Jun 2, 2026 (3 months) · plea: guilty
PGBC - AGREED PLEA OF GUILTY BEFORE THE COURT
25-3011-382-F · Rockwall County
Filed Dec 3, 2025 → Guilty or no-contest plea Feb 26, 2026 (3 months) · plea: guilty
Sentenced - Prison (OCA) Confinement Confinement to Commence: 02/26/2026 5 Years, Texas Department of Criminal Justice, Texas Department of Criminal Justice Suspended 5 Years Concurrent with Prior Sentence TX CSCD and Co

What is the punishment for Possession of Controlled Substance Penalty Group 2 at least 4 g under 400 g in Texas?

2 to 20 years in prison and a fine up to $10,000.

Charged asPossible confinementFineSource
Second-degree felony 2 to 20 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.33

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 >= 4G < 400G in Texas?

The median bail is $7,500, and 10% of defendants were released on a personal bond.

Across 34,674 Texas bail settings for this charge (133 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $2,500 – $20,000). 10% of defendants were released on a personal bond, and bail was denied in 950 cases. When this was the only charge at booking (6,212 records), the median was $10,000 and 17% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 3,615 $3,500 $1,500 – $7,500 18% 2%
El Paso 1,687 $5,000 $2,000 – $10,000 10% 11%
Dallas 1,447 $10,000 $3,500 – $20,000 2% 4%
Bexar 1,334 $10,000 $5,000 – $15,000 11% 4%
Fort Bend 1,333 $4,000 $1,250 – $10,000 28% 3%

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 >= 4G < 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.