May 17, 2023
Written and reviewed by George Napier, Founding Attorney at The Napier Law Firm, former Montgomery County Assistant District Attorney and Felony Chief Prosecutor.
According to a report by the Gulf Coast Addiction Technology Transfer Center, around 1.5% of all cases admitted to DSHS-funded treatment programs in early 2005 were abusing depressant drugs.
It’s also estimated that 0.2% of Texans over the age of 12 used sedatives. While these estimates trace back to 2002–2004, abuse of CNS depressants or “downers” is still a common issue today that drags along legal consequences.
In Texas, most of the popular downers fall under Penalty Group 3 (PG 3) in the Health and Safety Code. Even just being in possession of these controlled substances can leave a stain on your record with a Poss CS PG 3 charge.
What does that mean? Is it a felony or a misdemeanor? That’s what we discuss here.
What Does Poss CS PG 3 Mean?
Poss CS PG 3 means possession of a controlled substance in Penalty Group 3. The statutory list includes specified depressants, stimulants and other substances.
Section 481.117 prohibits knowing or intentional possession of a Penalty Group 3 substance, subject to lawful-prescription and other statutory exceptions.
The ordinary possession grades under Section 481.117 run from a Class A misdemeanor to a first-degree felony. That statute does not use a state jail felony bracket for simple possession.
What Are the Penalties for Drug Possession in Texas’ Penalty Group 3?
The law in Texas applies different punishments for possession of controlled substances in Penalty Group 3.
Aside from the intent, the amount of the confiscated drug also plays a huge role in the offense label, jail/prison term, and possible fines.
Let’s take a look at a rundown of the penalties associated with Poss CS PG 3 charges according to the aggregate (including diluents and adulterants) weight:
Less Than 28 Grams
Unlawful possession of less than 28 grams of a Penalty Group 3 substance is ordinarily a Class A misdemeanor, punishable by up to one year in jail, a fine up to $4,000, or both.
Manufacturing, delivering, or possessing with intent to deliver less than 28 grams of a Penalty Group 3 substance is ordinarily a state jail felony, punishable by 180 days to two years and a possible fine up to $10,000.
28–200 Grams
If the possessed amount is equal to or more than 28 grams but still below the 200-gram mark, then it’s considered a third-degree felony. In this case, the person could face 2–10 years of prison time and up to $10,000 in fines.
Meanwhile, possession with the intent to deliver the same amount is a felony of the second degree, not the third. Naturally, this applies to manufacturing charges as well.
200–400 Grams
It’s possible to face a second-degree felony just by possessing (without intent to deliver) a Penalty Group 3 substance if the amount is equal to or more than 200 grams (but still less than 400 grams). This offense pushes the prison time to a maximum of 20 years rather than 10.
As for manufacturing, delivering, and possession with the intent to deliver, those are considered first-degree felonies for 200 grams of PG 3 substances.
400 Grams or More
Possession of 400 grams or more carries five to 99 years or life in prison and a possible fine up to $50,000.
Manufacturing, delivering, or possessing with intent to deliver 400 grams or more of a Penalty Group 3 substance carries 10 to 99 years or life in prison and a possible fine up to $100,000.
Interestingly, all the penalties associated with manufacturing and delivering PG 3 drugs in Texas are the same as those for PG 4. Yet, the possession penalties are not the same between the two groups.
What Are the Penalty Group 3 Drugs?
If you go over section 481.104 of the Texas Health and Safety Code, odds are you’ll recognize a lot of the names under Penalty Group 3, even without their trade names. After all, the list covers many of the popular sleeping aids, tranquilizers, and CNS depressants out there.
Since it would be hard to name every PG 3 controlled substance, let’s take a look at the most well-known drugs on the list:
- Alprazolam (Xanax)
- Methylphenidate (Ritalin and Concerta)
- Phenmetrazine (Preludin)
- Amobarbital
- Secobarbital
- Pentobarbital
- Methohexital (an IV anesthetic)
- Lorazepam (Ativan)
- Diazepam (Valium)
- Triazolam (Halcion)
- Tramadol
- Zolpidem (Ambien)
- Zopiclone
- Chloral hydrate
- Hydrocodone preparations with no more than 300 milligrams per 100 milliliters or 15 milligrams per dosage unit, combined with a fourfold or greater quantity of an isoquinoline opium alkaloid or one or more active nonnarcotic ingredients in recognized therapeutic amounts
- Codeine preparations with no more than 1.8 grams per 100 milliliters or 90 milligrams per dosage unit, combined with an equal or greater quantity of an isoquinoline opium alkaloid or one or more active nonnarcotic ingredients in recognized therapeutic amounts
- Morphine preparations with no more than 50 milligrams per 100 milliliters or per 100 grams, combined with one or more active nonnarcotic ingredients in recognized therapeutic amounts
How Are Penalty Group 3 Drugs Different From Other Controlled Substances?
As you can tell, many of the drugs in Penalty Group 3 have legitimate medical uses. The full list even covers some illegal anabolic steroids. Yet, many of them have mid-level abuse potential.
Penalty Group 3 starts with a misdemeanor bracket, but larger amounts can carry substantial felony penalties, including life imprisonment at 400 grams or more. Cocaine and heroin are in Penalty Group 1; fentanyl is in Penalty Group 1-B.
However, some controlled substances in Penalty Group 3 are also listed in different groups, like hydrocodone and codeine.
Hydrocodone can fall in Penalty Group 1 or Penalty Group 3, depending on the preparation. Classification depends on:
- Amount of the controlled substance.
- Type and amount of other agents used in the pharmaceutical preparation.
It’s also worth mentioning that, unlike groups 1 and 2, Penalty Group 3 doesn’t have a subclassification. Meanwhile, you have PG 1-A and PG 2-A with specific drug lists.
Get Help For Your Defense Against a Penalty Group 3 Charge
Unlawful possession of less than 28 grams of a Penalty Group 3 substance is ordinarily a Class A misdemeanor. At 28 grams or more, the possession brackets are felonies. A valid prescription or another statutory exception can change whether possession is an offense.
Call The Napier Law Firm at 713-470-4097 to hire a criminal defense lawyer to help with a Poss CS PG 3 charge today.
Facing Drug Charges in Texas?
Texas drug laws are some of the strictest in the country. Whether you’re facing drug possession charges, broader drug crime allegations, or a federal drug case, an experienced criminal defense attorney can change the outcome. The Napier Law Firm represents clients in Harris County, Montgomery County, Fort Bend County, and across Texas. Contact us for a free consultation.