Health & Safety Code § 481.118(b) · Class B misdemeanor

POSS CS PG 4 < 28GTexas Health & Safety Code (HSC) § 481.118(b)

“POSS CS PG 4 < 28G” stands for Possession of Controlled Substance Penalty Group 4 under 28 g, a Class B misdemeanor under Texas Health & Safety Code (HSC) § 481.118(b). It is punishable by up to 180 days in county jail and a fine up to $2,000.

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

61%
Not convicted
202 days
Median time to resolve
$2,500
Median bail

What does “POSS CS PG 4 < 28G” mean?

“POSS CS PG 4 < 28G” stands for Possession of Controlled Substance Penalty Group 4 under 28 g, a Class B misdemeanor under Texas HSC § 481.118(b).

Texas Health and Safety Code § 481.118 prohibits knowingly or intentionally possessing a controlled substance listed in Penalty Group 4 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 4 chiefly covers compounds that contain limited amounts of narcotic drugs mixed with one or more nonnarcotic active medicinal ingredients that give the compound medicinal value beyond the narcotic alone — certain low-dose codeine cough syrups are a common example. This variant, § 481.118(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 the person exercised care, custody, control, or management over the substance and knew what it was. Larger quantities are charged under the statute's higher subsections.

What usually happens to a POSS CS PG 4 < 28G charge?

61% ended without a conviction, 14% in deferred adjudication and 25% in a conviction.

How 201 resolved POSS CS PG 4 < 28G charges filed 2019–2023 ended, across 12 counties (Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Montgomery, Travis, Williamson):

61%
Not convicted (123)
Dismissed by the prosecutor60%
Dismissed — refiled or handled in another case1%
14%
Deferred adjudication (28)
Deferred adjudication14%
25%
Convicted (50)
Guilty or no-contest plea24%
Plea to a lesser charge1%

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 4 < 28G case take to resolve?

Typically about 7 months: half of resolved cases closed within 202 days of filing.

Across 201 resolved POSS CS PG 4 < 28G charges filed 2019–2023, the median time from filing to disposition was 202 days. The middle half took between 94 and 350 days.

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

How did real POSS CS PG 4 < 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

2026NPA0848 · Comal County
Filed Aug 14, 2026 → Dismissed by the prosecutor Aug 14, 2026
Non-Prosecution Affidavit
26-03-05442 · Montgomery County
Filed Mar 31, 2026 → Dismissed by the prosecutor Jun 22, 2026 (3 months)
Dismissed
271091 · Brazoria County
Filed Feb 2, 2026 → Dismissed by the prosecutor Mar 25, 2026 (2 months) · plea: not guilty
Dismissal Order- Other
004-81722-2025 · Collin County
Filed Feb 25, 2025 → Dismissed by the prosecutor Feb 20, 2026 (12 months)
Dismissed

Deferred adjudication

103245-CR · Brazoria County
Filed Mar 6, 2025 → Deferred adjudication Jul 30, 2025 (5 months) · plea: guilty
CSCD 8 Years with Community Service of 200 Hours DIC-17: Drugs Required 07/30/2025
002-87157-2022 · Collin County
Filed Dec 16, 2022 → Deferred adjudication Nov 16, 2023 (11 months) · plea: guilty
CSCD 6 Months with Community Service of 24 Hours
F-22-30265 · Dallas County
Filed Jun 9, 2022 → Deferred adjudication May 25, 2023 (12 months) · plea: guilty
NAOG - NON-AJUDICATION OF GUILT (AGREED PLEA)
22-09-13050 · Montgomery County
Filed Sep 28, 2022 → Deferred adjudication Jan 4, 2023 (3 months) · plea: guilty
CSCD 4 Years with Community Service of 240 Hours

Ended in a conviction

CR-2025-09704-A · Denton County
Filed Dec 8, 2025 → Guilty or no-contest plea Mar 6, 2026 (3 months) · plea: guilty
Confinement to Commence 03/06/2026 100 Days , County Jail, Denton County Jail Jail Credit 122 Days
25-06175-2 · Williamson County
Filed Oct 23, 2025 → Guilty or no-contest plea Feb 13, 2026 (4 months) · plea: guilty
Fees - Adult: (Grand Total: $410.00) Due 04/15/2026 Fine: $0.00 Fees: (Fees Total: $410.00) Additional Court Costs: $410.00 Comment: Court Cost $270 + Mandatory Fine $100 + Reimbursement Fees $40 = Total $410 Confinement
103770-CR · Brazoria County
Filed May 22, 2025 → Plea to a lesser charge Dec 17, 2025 (7 months) · plea: guilty
Confinement to Commence 12/17/2025 2 Years , Texas Department of Criminal Justice-Institutional Division, Texas Department of Criminal Justice Jail Credit 301 Days Concurrent with Prior Sentence
25-05-08482 · Montgomery County
Filed May 27, 2025 → Guilty or no-contest plea Sep 8, 2025 (3 months) · plea: guilty
Confinement to Commence 09/08/2025 3 Days , County Jail, Montgomery County Sheriff's Office Jail Jail Credit 3 Days

What is the punishment for Possession of Controlled Substance Penalty Group 4 under 28 g in Texas?

Up to 180 days in county jail and a fine up to $2,000.

Charged asPossible confinementFineSource
Class B misdemeanor Up to 180 days in county jail Fine up to $2,000 Penal Code § 12.22

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 4 < 28G in Texas?

The median bail is $2,500, and 7% of defendants were released on a personal bond.

Across 2,275 Texas bail settings for this charge (19 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,000 – $5,000). 7% of defendants were released on a personal bond, and bail was denied in 38 cases. When this was the only charge at booking (222 records), the median was $1,000 and 16% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 279 $1,500 $750 – $3,000 9% 1%
Collin 99 $2,000 $1,000 – $5,000 4% 1%
Brazoria 96 $5,000 $2,000 – $8,000 0% 4%
Fort Bend 87 $2,000 $1,000 – $5,000 9% 2%
Dallas 76 $1,500 $500 – $3,875 0% 0%

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 4 < 28G?

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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.