POSS CS PG 3< 28G

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.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

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.

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.

• POSS CS PG 3 >= 28G < 200G § 481.117(c)