Health & Safety Code · §481.115

Possession of Controlled Substance — PG 1

Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.

The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • PG 1 substance
  • <1 g aggregate (incl. adulterants/dilutants)
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Possession of Controlled Substance — PG 1
Statute
Tex. Health & Safety Code §481.115
Classification
Graded by weight

Knowingly or intentionally possesses a controlled substance in Penalty Group 1 (cocaine, heroin, methamphetamine, fentanyl, ketamine, oxycodone, hydrocodone in higher concentrations, most opioids). Aggregate weight includes adulterants and dilutants.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
<1 gState jail felony
≥1 g but <4 g3rd degree felony
≥4 g but <200 g2nd degree felony
≥200 g but <400 g1st degree felony
≥400 g10–99 yrs or life; fine up to $100,000

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Worked examples

Worked example 1

POSS CS PG 1 less than 1 gram is what level of offense (HSC §481.115(b))?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 2nd degree felony
Why: <1 g of PG 1 (aggregate weight including adulterants/dilutants) is a state jail felony.
Statute: Tex. Health & Safety Code §481.115(b)
Worked example 2

POSS CS PG 1 ≥4 grams but <200 grams is what level?

  1. 3rd degree felony
  2. 2nd degree felony Correct
  3. 1st degree felony
  4. Enhanced 1st degree
Why: ≥4 g but <200 g of PG 1 is a 2nd degree felony.
Statute: Tex. Health & Safety Code §481.115(d)
Worked example 3

POSS CS PG 1 ≥400 grams carries what punishment range?

  1. 5–99 years or life, fine up to $10,000
  2. 10–99 years or life, fine up to $100,000 Correct
  3. 15–99 years or life, fine up to $250,000
  4. Standard 1st degree (5–99 / $10k)
Why: ≥400 g of PG 1 is the most serious tier of simple possession: 10 to 99 years or life and a fine up to $100,000.
Statute: Tex. Health & Safety Code §481.115(f)

Statutory definitions for this topic

Aggregate weight (CS) Tex. Health & Safety Code §481.115(b)
For drug possession ladders, the total weight INCLUDING any adulterants and dilutants — not the pure controlled substance weight. A 1 g packet that is 50% cocaine and 50% baking soda is still 1 g aggregate.