Penal Code · §481.116

Possession of Controlled Substance (PG 2)

Elements

  • A person
  • Knowingly or intentionally
  • Possesses
  • A controlled substance listed in Penalty Group 2 (e.g., MDMA/ecstasy, PCP, mescaline, psilocybin, hashish concentrates, certain synthetic cannabinoids)

Penalty

Aggregate weight under §481.116(b–e): 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 400 grams — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); 400+ grams — 1st degree felony with mandatory minimum 5 years (up to 99 or life + up to $50,000 fine).

Enhancements

Drug-Free Zone (§481.134) and use-of-child (§481.140) enhancements apply. Penalty Group 2-A (synthetic cannabinoids) is governed separately under §481.1161 with its own ladder.

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