Penal Code · §481.117

Possession of Controlled Substance — PG 3

Knowingly or intentionally possesses a controlled substance in Penalty Group 3 (Xanax/alprazolam, Valium/diazepam, codeine combos at higher strength, anabolic steroids — without prescription).

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 3 substance
  • <28 g
Texas Law — Charge Details
Class A Misd. → 1st Degree Felony
Offense
Possession of Controlled Substance — PG 3
Statute
Tex. Health & Safety Code §481.117
Classification
Graded by weight

Knowingly or intentionally possesses a controlled substance in Penalty Group 3 (Xanax/alprazolam, Valium/diazepam, codeine combos at higher strength, anabolic steroids — without prescription).

Potential Penalty Enhancements
If this condition applies…Charge escalates to
<28 gClass A misdemeanor
≥28 g but <200 g3rd degree felony
≥200 g but <400 g2nd degree felony
≥400 g5–99 yrs or life; fine up to $50,000

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Worked examples

Worked example 1

Possession of less than 28 grams of a Penalty Group 3 substance (e.g., Xanax, Valium without prescription) is what level of offense?

  1. Class B misdemeanor
  2. Class A misdemeanor Correct
  3. State jail felony
  4. 3rd degree felony
Why: PG 3 (and PG 4) start at the misdemeanor level. Less than 28g of PG 3 is a Class A misdemeanor.
Statute: Tex. Health & Safety Code §481.117(b)