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 | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| State jail felony | 100% | 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.
Recent POSS CS PG 2 < 1G cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 196934201010 | Harris | Jun 21, 2026 | Aug 28, 2026 | Dismissed by the prosecutor |
| 26-06-10374 | Montgomery | Jun 17, 2026 | Aug 27, 2026 | Dismissed by the prosecutor |
| 196557701010 | Harris | May 24, 2026 | Aug 27, 2026 | Dismissed by the prosecutor |
| 195757801010 | Harris | Mar 27, 2026 | Aug 26, 2026 | Dismissed by the prosecutor |
| 195630801010 | Harris | Mar 18, 2026 | Aug 26, 2026 | Dismissed by the prosecutor |
| 26-07-13395 | Montgomery | Jul 31, 2026 | Aug 26, 2026 | Guilty or no-contest plea |
| 196038001010 | Harris | Apr 17, 2026 | Aug 26, 2026 | Dismissed by the prosecutor |
| 195984101010 | Harris | Apr 14, 2026 | Aug 26, 2026 | Dismissed by the prosecutor |
| 26-07-11817 | Montgomery | Jul 9, 2026 | Aug 26, 2026 | Guilty or no-contest plea |
| 26-06-10548 | Montgomery | Jun 22, 2026 | Aug 25, 2026 | Dismissed by the prosecutor |
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.