POSS CS PG 3< 28G
Possession of Controlled Substance Penalty Group 3 under 28 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” means
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.
| 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.
Bail for POSS CS PG 3< 28G in Texas
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.
How real POSS CS PG 3< 28G 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
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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.