POSS CS PG 2 < 1GTexas Health & Safety Code (HSC) § 481.116(b)
“POSS CS PG 2 < 1G” stands for Possession of Controlled Substance Penalty Group 2 under 1 g, a state jail felony under Texas Health & Safety Code (HSC) § 481.116(b). It is punishable by 180 days to 2 years in a state jail 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 < 1G” mean?
“POSS CS PG 2 < 1G” stands for Possession of Controlled Substance Penalty Group 2 under 1 g, a state jail felony under Texas HSC § 481.116(b).
Texas Health and Safety Code § 481.116(b) is the lowest tier of the Penalty Group 2 possession statute, reaching knowing or intentional possession of less than one gram, aggregate weight including any adulterants or dilutants. Penalty Group 2 includes hallucinogens such as MDMA (ecstasy), psilocybin, and mescaline, as well as tetrahydrocannabinol outside the marihuana plant — the reason a small quantity of THC concentrate is graded as a felony while plant marihuana falls under a separate misdemeanor statute. The State must prove the person exercised actual care, custody, control, or management over the substance and knew of its presence and nature. No delivery or intent to deliver is involved; that conduct falls under § 481.113. This under-one-gram variant is a state jail felony, separated from subsections (c) through (e) by weight alone.
What usually happens to a POSS CS PG 2 < 1G charge?
53% ended without a conviction, 24% in deferred adjudication and 23% in a conviction.
How 5,680 resolved POSS CS PG 2 < 1G charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Collin | 1,848 | 29% | 48% | 22% | 185 |
| Montgomery | 1,758 | 72% | 4% | 24% | 99 |
| Hays | 588 | 60% | 24% | 16% | 313 |
| Comal | 386 | 89% | 7% | 4% | — |
| Harris | 279 | 71% | 6% | 22% | 253 |
| Rockwall | 263 | 18% | 55% | 27% | 99 |
| Dallas | 150 | 33% | 15% | 52% | 124 |
| FortBend | 136 | 66% | 13% | 19% | 260 |
| Galveston | 118 | 31% | 14% | 54% | 208 |
Outcome is the final disposition recorded on the charge. “Other” (9) 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 < 1G case take to resolve?
Typically about 5 months: half of resolved cases closed within 143 days of filing.
Across 5,610 resolved POSS CS PG 2 < 1G charges filed 2019–2023, the median time from filing to disposition was 143 days. The middle half took between 69 and 309 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 < 1G 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 under 1 g in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| State jail felony | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
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 < 1G in Texas?
The median bail is $3,500, and 14% of defendants were released on a personal bond.
Across 50,416 Texas bail settings for this charge (142 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,500 (middle half: $1,500 – $7,500). 14% of defendants were released on a personal bond, and bail was denied in 1,472 cases. When this was the only charge at booking (13,212 records), the median was $3,500 and 25% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 5,446 | $1,500 | $1,000 – $3,000 | 29% | 2% |
| El Paso | 3,678 | $2,000 | $1,000 – $5,000 | 17% | 8% |
| Dallas | 3,630 | $2,500 | $1,500 – $5,000 | 3% | 4% |
| Montgomery | 2,355 | $1,000 | $750 – $1,500 | 36% | 0% |
| Nueces | 2,261 | $1,500 | $1,000 – $2,500 | 8% | 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.
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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.