January 16, 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 the Texas Department of Public Safety, more than 88,000 people get charged annually for drug possession and abuse. And while that seems like a reasonable number considering the number of residents, you’ll be surprised to know that this is almost 17% of the state’s total arrests!
Drug laws in Texas are no joke; people who get convicted for drug crimes are sometimes subject to a lifetime in jail. And even if they don’t suffer lifelong consequences, the conviction leaves a permanent stain on their criminal record.
If you’re interested in the drug law in Texas, you likely heard the phrase poss cs pg 1 1g before, so what does it mean? That’s what we’ll discuss here.
What Does Poss CS PG 1 1G Mean?
“Poss CS PG 1 <1G” means possession of a Penalty Group 1 controlled substance weighing less than one gram. The less-than sign matters: exactly one gram falls in the next weight bracket. Under Section 481.115, unlawful possession below one gram is ordinarily a state jail felony, with a confinement range of 180 days to two years and a possible fine up to $10,000. The statute includes lawful-prescription and other exceptions.
Community supervision may be available. Article 42A.551 requires it for certain state jail drug convictions punished under Penal Code Section 12.35(a), including qualifying possession below one gram, but it contains prior-conviction, adjudication and other exceptions.
Deferred adjudication and community supervision after conviction are different procedures. Deferred adjudication generally follows a guilty or no-contest plea, but the judge postpones a finding of guilt while the person completes supervision. It is not a program for people who have already been convicted of that offense.
Penalties for Drug Possession In Texas’ Penalty Group 1
Now you know the penalty for possessing less than 1 gram of penalty group 1 drugs, but what about higher possessions?
Penalties differ according to the amount of drugs in possession. Here’s a rundown of the felony classification of possessing penalty group 1 drugs:
1–4 Grams
Possession of at least one gram but less than four grams of a Penalty Group 1 substance is a third-degree felony. The ordinary punishment range is two to 10 years in prison and a possible fine up to $10,000.
Manufacturing, delivering, or possessing with intent to deliver at least one gram but less than four grams is ordinarily a second-degree felony, punishable by two to 20 years in prison and a possible fine up to $10,000.
4–200 Grams
Possession of at least four grams but less than 200 grams is a second-degree felony. The ordinary punishment range is two to 20 years in prison and a possible fine up to $10,000.
Manufacturing, delivering, or possessing with intent to deliver that amount is a first-degree felony, ordinarily punishable by five to 99 years or life in prison and a possible fine up to $10,000.
200–400 Grams
Possession of at least 200 grams but less than 400 grams is a first-degree felony, ordinarily punishable by five to 99 years or life in prison and a possible fine up to $10,000. Manufacturing, delivering, or possessing with intent to deliver that amount carries 10 to 99 years or life and a possible fine up to $100,000.
400 Grams or More
Possession of 400 grams or more of a Penalty Group 1 substance carries 10 to 99 years or life in prison and a possible fine up to $100,000. Weight includes adulterants and dilutants.
Manufacturing, delivering, or possessing with intent to deliver 400 grams or more carries 15 to 99 years or life in prison and a possible fine up to $250,000.
Can a Possession Case Get Dismissed in Texas?
A dismissal depends on the evidence and the legal grounds. Under Article 32.02, a prosecutor may request dismissal with the court’s permission. A defense lawyer can also challenge whether the State may use evidence obtained unlawfully.
A motion to suppress asks the court to exclude evidence; it is not the same as a motion to dismiss. If important evidence is excluded, the remaining evidence may not support prosecution. Suppression does not automatically dismiss the charge.
What Are Penalty Group 1 Drugs?
Texas Health and Safety Code Section 481.102 lists the substances in Penalty Group 1. Some have accepted medical uses, and the possession statute recognizes lawful prescriptions. A Texas penalty group is not the same thing as a federal drug schedule.
Marijuana is not a Penalty Group 1 substance. Its possession penalties appear separately in Section 481.121. Fentanyl is in Penalty Group 1-B; mescaline and psilocybin are in Penalty Group 2.
The substance, aggregate weight and charged conduct determine the punishment range. There is no single ranking that makes every Penalty Group 1 charge more serious than every charge in another group.
Here are some of the drugs included in this group:
- Cocaine
- Oxycodone
- Heroin
- Phencyclidine (PCP)
- Ketamine
- Methamphetamines
- Morphine, except preparations listed in Penalty Group 3
- Hydrocodone, except preparations listed in Penalty Group 3
- Desomorphine (Krokodil)
Is Penalty Group 1-A Different From Penalty Group 1?
Yes. Penalty Group 1-A covers LSD and its salts, isomers and salts of isomers. Its possession penalties are based on abuse units rather than the gram thresholds used for Penalty Group 1.
Section 481.1151 defines the applicable LSD possession brackets. Do not use the Penalty Group 1 weight chart to interpret a Penalty Group 1-A charge.
Get Help For Your Defense Against Penalty Group 1 Charge
If you are charged with Penalty Group 1 drug possession, you need the help of a law firm experienced in drug possession cases.
Hire the help of a Texas Criminal Defense Lawyer. Call 713-470-4097 and get in touch with Napier Law Firm today!
Contact The Napier Law Firm today for a free consultation. Call us at (713) 470-4097 or fill out our online form. We serve clients throughout Houston, The Woodlands, Conroe, and surrounding areas in Harris, Montgomery, and Fort Bend counties.