POSS CS PG 3 >= 28G < 200G
Possession of Controlled Substance Penalty Group 3 at least 28 g under 200 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 3 >= 28G < 200G” means
Texas Health and Safety Code § 481.117 makes it an offense to knowingly or intentionally possess a controlled substance listed in Penalty Group 3 unless the substance was obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. Penalty Group 3 consists largely of prescription depressants and stimulants, including benzodiazepines such as alprazolam and diazepam, methylphenidate, barbiturate derivatives, and anabolic steroids. This variant, § 481.117(c), applies when the amount possessed is, by aggregate weight including adulterants and dilutants, 28 grams or more but less than 200 grams. Possession means actual care, custody, control, or management, and the State must prove the accused knew of the substance's presence and character. The 28-to-200-gram bracket separates this variant from § 481.117(b), which covers smaller amounts, and from the statute's larger-quantity variants.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for POSS CS PG 3 >= 28G < 200G in Texas
Across 2,678 Texas bail settings for this charge (23 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $8,000 (middle half: $3,000 – $15,000). 6% of defendants were released on a personal bond, and bail was denied in 108 cases. When this was the only charge at booking (306 records), the median was $10,000 and 18% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Travis | 203 | $500 | $500 – $7,500 | 5% | 1% |
| Tarrant | 178 | $3,000 | $1,500 – $6,375 | 7% | 3% |
| Hidalgo | 150 | $15,000 | $10,000 – $30,000 | 6% | 1% |
| Taylor | 128 | $10,000 | $5,000 – $10,000 | 0% | 5% |
| Brazoria | 119 | $15,000 | $5,000 – $30,000 | 0% | 4% |
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 3 >= 28G < 200G 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
Charged with POSS CS PG 3 >= 28G < 200G?
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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.