POSS CS PG 3< 28GTexas Health & Safety Code (HSC) § 481.117(b)
“POSS CS PG 3< 28G” stands for Possession of Controlled Substance Penalty Group 3 under 28 g, a Class A misdemeanor under Texas Health & Safety Code (HSC) § 481.117(b). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “POSS CS PG 3< 28G” mean?
“POSS CS PG 3< 28G” stands for Possession of Controlled Substance Penalty Group 3 under 28 g, a Class A misdemeanor under Texas HSC § 481.117(b).
Texas Health and Safety Code § 481.117 prohibits knowingly or intentionally possessing a controlled substance listed in Penalty Group 3 unless it was obtained directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. Penalty Group 3 is made up largely of prescription medications with recognized medical uses but potential for abuse, including benzodiazepines such as alprazolam and diazepam, methylphenidate, barbiturate derivatives, and anabolic steroids. This variant, § 481.117(b), is the base level of the offense and applies when the amount possessed, by aggregate weight including any adulterants and dilutants, is less than 28 grams. The State must prove possession — actual care, custody, control, or management — along with the person's knowledge of the substance. Quantity alone distinguishes this variant from § 481.117(c) and the statute's other subsections, which govern 28 grams or more.
What usually happens to a POSS CS PG 3< 28G charge?
72% ended without a conviction, 7% in deferred adjudication and 21% in a conviction.
How 5,825 resolved POSS CS PG 3< 28G charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 2,497 | 86% | 2% | 12% | 242 |
| Collin | 771 | 48% | 17% | 35% | 161 |
| Hays | 541 | 70% | 9% | 22% | 461 |
| Galveston | 485 | 65% | 4% | 29% | 231 |
| Williamson | 359 | 82% | 3% | 15% | 285 |
| Brazoria | 276 | 47% | 8% | 45% | 221 |
| Comal | 266 | 87% | 5% | 7% | — |
| Denton | 217 | 30% | 25% | 45% | 307 |
| FortBend | 190 | 75% | 6% | 19% | 314 |
Outcome is the final disposition recorded on the charge. “Other” (10) 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 case take to resolve?
Typically about 8 months: half of resolved cases closed within 236 days of filing.
Across 5,823 resolved POSS CS PG 3< 28G charges filed 2019–2023, the median time from filing to disposition was 236 days. The middle half took between 93 and 441 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 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 3 under 28 g in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
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 in Texas?
The median bail is $3,000, and 9% of defendants were released on a personal bond.
Across 39,334 Texas bail settings for this charge (120 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,000 (middle half: $1,500 – $7,500). 9% of defendants were released on a personal bond, and bail was denied in 773 cases. When this was the only charge at booking (4,235 records), the median was $2,500 and 23% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 3,471 | $1,500 | $1,000 – $3,500 | 10% | 1% |
| Hidalgo | 1,827 | $5,000 | $2,000 – $10,000 | 9% | 0% |
| Nueces | 1,719 | $1,000 | $500 – $2,000 | 4% | 1% |
| Travis | 1,490 | $5,000 | $2,500 – $7,500 | 26% | 3% |
| El Paso | 1,404 | $2,500 | $1,000 – $5,000 | 9% | 5% |
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?
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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.