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

POSS CS PG 2 >= 4G < 400G

Possession of Controlled Substance Penalty Group 2 at least 4 g under 400 g in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$7,500
Median cash bail
10%
Released on personal bond
34,674
Bail records

What “POSS CS PG 2 >= 4G < 400G” means

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.

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

Bail for POSS CS PG 2 >= 4G < 400G in Texas

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.

Recent POSS CS PG 2 >= 4G < 400G cases

CaseCountyFiledDisposedOutcome
196079301010HarrisApr 21, 2026Aug 26, 2026Dismissed by the prosecutor
195648401010HarrisMar 19, 2026Aug 26, 2026Dismissed by the prosecutor
195581301010HarrisMar 13, 2026Aug 26, 2026Dismissed by the prosecutor
25-DCR-110533FortBendApr 28, 2025Aug 25, 2026Dismissed by the prosecutor
26-03-03934MontgomeryMar 9, 2026Aug 24, 2026Dismissed by the prosecutor
NA26-763ComalAug 24, 2026Aug 24, 2026Dismissed by the prosecutor
196172301010HarrisApr 27, 2026Aug 24, 2026Dismissed by the prosecutor
26-06-10681MontgomeryJun 23, 2026Aug 24, 2026Dismissed by the prosecutor
25-07-11682MontgomeryJul 22, 2025Aug 20, 2026Dismissed by the prosecutor
26-07-12233MontgomeryJul 15, 2026Aug 20, 2026Dismissed by the prosecutor

Related charges

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.