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.
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 as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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.
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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
How real POSS CS PG 2 >= 4G < 400G 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 >= 1G < 4G § 481.116(c)
- POSS CS PG 2 >= 400G § 481.116(e)
Charged with POSS CS PG 2 >= 4G < 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.