Penal Code · §481.115
Possession of Controlled Substance (PG 1)
Elements
- A person
- Knowingly or intentionally
- Possesses
- A controlled substance listed in Penalty Group 1 (e.g., heroin, cocaine, methamphetamine, oxycodone, hydrocodone in unmixed form, fentanyl)
- ("Possess" means actual care, custody, control, or management — must establish actual or constructive possession plus knowledge)
Penalty
Aggregate weight (including adulterants/dilutants) under §481.115(b–f): less than 1 gram — state jail felony (180 days to 2 years + up to $10,000 fine, §12.35); 1 to 4 grams — 3rd degree felony (2 to 10 years + up to $10,000 fine, §12.34); 4 to 200 grams — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); 200 to 400 grams — 1st degree felony (5 to 99 years or life + up to $10,000 fine, §12.32); 400+ grams — 1st degree felony with mandatory minimum 10 years (up to 99 or life + up to $50,000 fine).
Enhancements
Drug-Free Zone enhancement (§481.134) doubles minimum and prohibits concurrent sentences. Use of a child enhancement under §481.140. Civil asset forfeiture under Tex. Code Crim. Proc. ch. 59 typically follows arrest.