POSS CS PG 4 < 28G
Possession of Controlled Substance Penalty Group 4 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 4 < 28G” means
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.
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| Class B misdemeanor | 100% | 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.
Bail for POSS CS PG 4 < 28G in Texas
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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
Recent POSS CS PG 4 < 28G cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| 2026NPA0848 | Comal | Aug 14, 2026 | Aug 14, 2026 | Dismissed by the prosecutor |
| 26-03-05442 | Montgomery | Mar 31, 2026 | Jun 22, 2026 | Dismissed by the prosecutor |
| 26-04-05560 | Montgomery | Apr 1, 2026 | Jun 10, 2026 | Dismissed by the prosecutor |
| 26-04-06012 | Montgomery | Apr 9, 2026 | May 7, 2026 | Dismissed by the prosecutor |
| 26-01-00046 | Montgomery | Jan 2, 2026 | May 4, 2026 | Dismissed by the prosecutor |
| 271091 | Brazoria | Feb 2, 2026 | Mar 25, 2026 | Dismissed by the prosecutor |
| 2026NPA0241 | Comal | Mar 23, 2026 | Mar 23, 2026 | Dismissed by the prosecutor |
| 2026NPA0243 | Comal | Mar 23, 2026 | Mar 23, 2026 | Dismissed by the prosecutor |
| CR-2025-09704-A | Denton | Dec 8, 2025 | Mar 6, 2026 | Guilty or no-contest plea |
| 004-81722-2025 | Collin | Feb 25, 2025 | Feb 20, 2026 | Dismissed by the prosecutor |
Related charges
- POSS CS PG 4 >=28G < 200G § 481.118(c)
Charged with POSS CS PG 4 < 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.