Health & Safety Code § 481.117(c) · Third-degree felony

POSS CS PG 3 >= 28G < 200GTexas Health & Safety Code (HSC) § 481.117(c)

“POSS CS PG 3 >= 28G < 200G” stands for Possession of Controlled Substance Penalty Group 3 at least 28 g under 200 g, a third-degree felony under Texas Health & Safety Code (HSC) § 481.117(c). It is punishable by 2 to 10 years in prison and a fine up to $10,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

65%
Not convicted
204 days
Median time to resolve
$8,000
Median bail

What does “POSS CS PG 3 >= 28G < 200G” mean?

“POSS CS PG 3 >= 28G < 200G” stands for Possession of Controlled Substance Penalty Group 3 at least 28 g under 200 g, a third-degree felony under Texas HSC § 481.117(c).

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.

What usually happens to a POSS CS PG 3 >= 28G < 200G charge?

65% ended without a conviction, 21% in deferred adjudication and 14% in a conviction.

How 107 resolved POSS CS PG 3 >= 28G < 200G charges filed 2019–2023 ended, across 11 counties (Bastrop, Brazoria, Collin, Comal, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis, Williamson):

65%
Not convicted (70)
Dismissed by the prosecutor64%
Dismissed — refiled or handled in another case2%
21%
Deferred adjudication (22)
Deferred adjudication21%
14%
Convicted (15)
Guilty or no-contest plea13%
Convicted (plea vs. trial not recorded)1%

Outcome is the final disposition recorded on the charge. “Other” (0) 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 3 >= 28G < 200G case take to resolve?

Typically about 7 months: half of resolved cases closed within 204 days of filing.

Across 106 resolved POSS CS PG 3 >= 28G < 200G charges filed 2019–2023, the median time from filing to disposition was 204 days. The middle half took between 77 and 370 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real POSS CS PG 3 >= 28G < 200G 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

25-10-16322 · Montgomery County
Filed Oct 6, 2025 → Dismissed by the prosecutor Jul 15, 2026 (9 months)
Dismissed
NA25-364 · Comal County
Filed Aug 14, 2025 → Dismissed by the prosecutor Aug 14, 2025
Non-Prosecution Affidavit
24-CR-3434 · Galveston County
Filed Sep 4, 2024 → Dismissed by the prosecutor May 13, 2025 (8 months)
Dismissed
102028-CR · Brazoria County
Filed Sep 19, 2024 → Dismissed by the prosecutor Feb 14, 2025 (5 months)
Dismissed

Deferred adjudication

25-11-18151 · Montgomery County
Filed Nov 5, 2025 → Deferred adjudication Jul 29, 2026 (9 months) · plea: guilty
CSCD 3 Years with Community Service of 120 Hours $1,000 Fine
25-CR-3340 · Galveston County
Filed Aug 20, 2025 → Deferred adjudication Jan 28, 2026 (5 months) · plea: guilty
Sentenced - Probation/Community Service
102731-CR · Brazoria County
Filed Dec 17, 2024 → Deferred adjudication Aug 15, 2025 (8 months) · plea: guilty
CSCD 4 Years
18,368 · Bastrop County
Filed Oct 10, 2023 → Deferred adjudication May 29, 2024 (8 months) · plea: guilty

Ended in a conviction

25-6540-382-F · Rockwall County
Filed Oct 29, 2025 → Guilty or no-contest plea Jan 8, 2026 (2 months) · plea: guilty
Sentenced - State Jail (OCA) Confinement Confinement to Commence: 01/08/2026 8 Months, State Jail, State Jail Facility Jail Credit 6 Days Concurrent with Prior Sentence
25-DCR-109995 · FortBend County
Filed Mar 31, 2025 → Guilty or no-contest plea Nov 3, 2025 (7 months) · plea: guilty
Convicted
25-04-05453 · Montgomery County
Filed Apr 7, 2025 → Guilty or no-contest plea Oct 23, 2025 (7 months) · plea: guilty
Confinement to Commence 10/23/2025 2 Years , TDCJ - Prison, Texas Department of Criminal Justice Jail Credit 203 Days
102724-CR · Brazoria County
Filed Dec 17, 2024 → Plea to a lesser charge Mar 17, 2025 (3 months) · plea: guilty
Confinement to Commence 03/17/2025 210 Days , County Jail, Brazoria County Sheriff's Office Jail Credit 210 Days Concurrent with Prior Sentence Judgment is the result of PC 12.44a

What is the punishment for Possession of Controlled Substance Penalty Group 3 at least 28 g under 200 g in Texas?

2 to 10 years in prison and a fine up to $10,000.

Charged asPossible confinementFineSource
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.

How much is bail for POSS CS PG 3 >= 28G < 200G in Texas?

The median bail is $8,000, and 6% of defendants were released on a personal bond.

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

Charged with POSS CS PG 3 >= 28G < 200G?

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Bail 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.