Health & Safety Code § 481.118(c) · Third-degree felony

POSS CS PG 4 >=28G < 200G

Possession of Controlled Substance Penalty Group 4 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.

$5,000
Median cash bail
6%
Released on personal bond
505
Bail records

What “POSS CS PG 4 >=28G < 200G” means

Texas Health and Safety Code § 481.118 makes it an offense to knowingly or intentionally possess a controlled substance listed in Penalty Group 4 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 4 consists mainly of compounds and mixtures that contain limited quantities of narcotic drugs combined with one or more nonnarcotic active medicinal ingredients — certain low-concentration codeine cough preparations, for example — along with a small number of other listed substances. This variant, § 481.118(c), applies when the amount possessed is, by aggregate weight including adulterants and dilutants, 28 grams or more but less than 200 grams. The State must prove knowing possession, meaning care, custody, control, or management with awareness of the substance. The weight bracket distinguishes this variant from § 481.118(b), which covers amounts under 28 grams.

Charged asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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 4 >=28G < 200G in Texas

Across 505 Texas bail settings for this charge (2 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $2,500 – $15,000). 6% of defendants were released on a personal bond, and bail was denied in 19 cases. When this was the only charge at booking (51 records), the median was $10,000 and 8% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 72 $2,000 $1,000 – $5,000 8% 6%
Fort Bend 57 $5,000 $2,500 – $8,500 18% 7%

Showing the 2 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.

Recent POSS CS PG 4 >=28G < 200G cases

CaseCountyFiledDisposedOutcome
21-DCR-095988FortBendJul 6, 2021Nov 18, 2025Dismissed by the prosecutor
25-DCR-112265FortBendSep 22, 2025Oct 30, 2025Dismissed by the prosecutor
21-DCR-094112FortBendAug 9, 2021Oct 2, 2025Dismissed by the prosecutor
NA25-188ComalApr 24, 2025Apr 24, 2025Dismissed by the prosecutor
24-11-18780MontgomeryNov 27, 2024Feb 13, 2025Dismissed by the prosecutor
98967-CRBrazoriaAug 17, 2023Feb 7, 2025Dismissed by the prosecutor
23-DCR-105623FortBendJan 24, 2024Oct 8, 2024Dismissed by the prosecutor
22-DCR-098591FortBendOct 3, 2022Jul 19, 2024Dismissed by the prosecutor
24-06-08868MontgomeryJun 7, 2024Jun 26, 2024Guilty or no-contest plea
F-23-13878DallasMar 11, 2024Apr 30, 2024Guilty or no-contest plea

Related charges

Charged with POSS CS PG 4 >=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.