POSS CS PG 2 < 1G
Possession of Controlled Substance Penalty Group 2 under 1 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 < 1G” means
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.
| 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.
Bail for POSS CS PG 2 < 1G in Texas
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.
How real POSS CS PG 2 < 1G 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 >= 4G < 400G § 481.116(d)
- POSS CS PG 2 >= 1G < 4G § 481.116(c)
- POSS CS PG 2 >= 400G § 481.116(e)
Charged with POSS CS PG 2 < 1G?
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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.