Did you know that ecstasy (MDMA) is one of the most common club drugs in Texas? PCP and Adderall are also high up on the list of abused substances.
Aside from their addictive nature, one thing that all these drugs have in common is that they can all lead to a Poss CS PG 2 charge.
What does that mean, and what are the possible penalties? That’s what we’ll cover in this article.
What Does Poss CS PG 2 Mean?
When clients ask what is poss cs pg 2, we explain that it refers to possession of certain substances classified under Penalty Group 2 of the Texas Controlled Substances Act. That’s a violation of section 481.116 of the Texas Health and Safety Code, and it comes with serious legal consequences. After all, the penalties can go up to a term of 5–99 years and a fine of $50,000!
These charges usually involve substances, such as synthetic cannabinoids, anabolic steroids, and other drugs listed by statute. Under Texas law, an offense is committed when a person intentionally possesses a controlled substance listed within this group, depending on the amount and circumstances.
These cases are prosecuted aggressively because many of the substances involved fall under higher drug schedules and can trigger felony exposure. Convictions may permanently affect a criminal record, leading to serious legal consequences, including confinement in a state jail facility or prison for years in a state correctional system.
Our role in criminal defense is to identify weaknesses early and guide clients through a complex legal process with precision and care.
What Are the Penalties for Drug Possession in Texas’ Penalty Group 2?
Not all Poss CS PG 2 charges are equal, though. The felony classification depends on the amount of controlled substance in possession.
Here’s how the penalties escalate according to the confiscated drug amount:
Less Than 1 Gram
If the possessed amount (diluents and adulterants included) weighs less than 1 gram, the offense is then considered a state jail felony.
Although the “state jail felony” label isn’t as severe as others on this list, it could still lead to up to 2 years of jail time and a fine of $10,000.
1–4 Grams
Once the controlled substance crosses the 1-gram mark, the offense shifts from a state jail felony to a third-degree felony.
In this case, the person could serve up to 10 years of prison time and pay a fine of $10,000. Best case scenario in terms of sentencing? That would be 2 years of imprisonment.
This penalty remains the same for all amounts under 4 grams.
4–400 Grams
Possession of 4 grams or more is a second-degree felony as long as the amount is less than 400 grams. This violation of section 481.116 puts you at risk of a 20-year sentence and a fine of $10,000.
400 Grams or More
What if someone is charged with possession of 400 grams or more of a Penalty Group 2 controlled substance?
Well, in that case, they could be facing between 5 and 99 years of imprisonment. Plus, the fines could go up to $50,000.
That sounds bad, but it’s better than PG 2 manufacturing or delivery charges. Those can come with hefty $100,000 fines under section 481.113.
What Are the Penalty Group 2 Drugs?
If you go over section 481.103 of the Texas Health and Safety Code, you’ll find a long, detailed list of all the compounds that fall under the PG 2 umbrella.
However, if you don’t feel like going over complex chemical nomenclature, you can check out this list of the most common PG 2 drugs:
- Amphetamine (Adderall)
- Benzo Fury
- Cathinones or bath salts
- Dronabinol
- Ethylamine analog of phencyclidine (PCE)
- Pyrrolidone analog of phencyclidine (PCP)
- Ecstasy or Molly (also known as MDMA)
- Psilocin (found in psychedelic mushrooms)
- Mephedrone (also known as M-Cat)
- Methaqualone (ludes or sopers)
This list actually includes some drugs that have legitimate medical uses. Nevertheless, these drugs can be addictive, hence the possession charges and penalties for possession without a valid prescription.
Take amphetamines, for instance. Those might be prescribed for ADHD. However, if taken recreationally, they can create a stimulant high.
Similarly, dronabinol can be helpful for nausea in patients undergoing chemotherapy, but it’s still a synthetic tetrahydrocannabinol (THC) that could be abused.
Is Penalty Group 2-A Different From Penalty Group 2?
Yes, while Penalty Groups 2 and 2-A are similar, they’re not the same in the eyes of the law.
The main distinctions to note here are the type of drugs included in the group and the associated penalties.
Drug Range
Penalty Group 2-A is mostly known for covering synthetic cannabinol derivatives, which are sometimes referred to as “k2” or “spice” drugs.
These man-made drugs can be found in e-cigarettes, pipes, or other recreational products, and the top compounds included on the PG 2-A list are:
- HU-210
- HU-211
- CP-47,497
- CP-55,940
- EG-018
- JWH-018
- JWH-030
- JWH-171
- JWH-337
- JWH-344
In section 481.1031, you can find more controlled substances that all have effects similar to THC. Some of them can even be more potent than traditional marijuana because they have a higher receptor-binding affinity.
Possession Penalties
While both PG 2 and PG 2-A come with the same manufacturing and delivery penalties, they don’t share the same possession (Poss CS) offenses.
For instance, possession of anything under 2 ounces is a class B misdemeanor. Even if the amount exceeds 2 ounces, it’s still a class A misdemeanor as long as it’s not more than 4 ounces.
On the other hand, you don’t get any misdemeanors with the drugs in PG 2, no matter how little the amount is.
That said, there are still some felonies on the line with a Poss CS PG 2-A charge.
Here’s a rundown of the offenses associated with possession of anything more than 4 ounces of a PG 2-A drug:
- State Jail Felony: more than 4 ounces but under 5 pounds
- Third-Degree Felony: 5 pounds or more (less than 50 pounds)
- Second-Degree Felony: 50 pounds or more (less than 2,000 pounds)
It’s worth noting that the possession of anything 2,000 pounds or more comes with a risk of 5–99 years of imprisonment and a fine of up to $50,000.
Potential Defense Strategies We Can Use to Defend You Against Poss CS PG 2 Charges
Challenge the Legality of the Search and Seizure
One of the first potential defenses we evaluate is whether the evidence obtained by law enforcement was lawful. The Fourth Amendment protects individuals from unreasonable or illegal search, and violations can lead to suppression of evidence.
In some cases, an unlawful search occurs when officers lack probable cause, exceed the scope of a warrant, or improperly detain an individual. If the substance was discovered during such a violation, we may argue that the prosecution cannot use that evidence in court. This strategy can be decisive in achieving a favorable outcome, especially when the case relies heavily on physical evidence.
In cases involving possession of a controlled substance in the penalty group, our approach to criminal defense involves a detailed review of police reports, body camera footage, and search warrants to identify constitutional errors under Texas law and applicable federal laws.
Dispute of Knowledge or Intentional Possession
Possession alone is not enough for a conviction. The state must prove that a person knowingly exercised control over the substance. In many situations, drugs are found in shared spaces, such as vehicles or residences, where ownership is unclear.
We may argue that the person obtained no direct control over the substance or that it was not linked to them beyond mere proximity. Establishing reasonable doubt is critical when the state cannot show exclusive access or intentional control.
This defense is especially effective in cases involving other drugs found alongside legal items, or when the substance was not connected directly to our client. These arguments are a core part of our criminal defense strategy.
Examine the Weight, Classification, and Drug Identification
Penalty Group 2 cases sometimes hinge on laboratory testing and classification. The prosecution must prove the substance matches those drugs listed under the statute and meets the threshold weight for enhanced charges. Errors in testing or misclassification can reduce a charge from a first-degree felony to a lesser offense.
We carefully review lab reports, chain of custody documentation, and expert conclusions. If the state cannot prove the exact nature or quantity of the substance, we raise legal issues that undermine the case. Even small discrepancies can dramatically affect exposure, particularly where first-degree punishment ranges are alleged.
Lawful Medical or Professional Authorization
Some substances classified under Penalty Group 2 may be lawfully possessed for a medical purpose or through professional practice. For example, certain prescriptions or treatments involving anabolic steroids may be legal when a practitioner acting within the scope of their license authorizes possession.
In these cases, we focus on documentation, prescribing authority, and compliance with Texas law. Demonstrating that possession was lawful or medically justified can eliminate criminal liability. This defense requires careful coordination with medical records and expert testimony, but can result in a more favorable outcome.
Negotiation, Mitigation, and Alternative Resolutions
If a person commits an offense where dismissal is not immediately achievable, we pursue strategies to reduce exposure and protect our client’s future. Courts may consider mitigating factors, such as lack of prior convictions, cooperation, or minimal involvement in related offenses.
In appropriate cases, we seek reductions that avoid a first-degree felony conviction and limit incarceration in a state jail facility or county jail. Protecting our client from long-term damage to their criminal record remains a priority throughout the legal process.
Our experience in criminal defense matters allows us to negotiate from a position of strength, leveraging weaknesses in the prosecution’s case to reach a favorable outcome.
Strategic Defense Approach and Client Advocacy
As an experienced criminal defense attorney, George Napier approaches each Poss CS PG 2 case with a carefully devised defense strategy. We understand the stakes involved when someone faces allegations that could result in a first-degree felony and decades of incarceration.
Our firm provides direct legal assistance and guidance from the initial arrest through final resolution. While we offer a free consultation to help clients understand their options, our focus remains on building a defense that aligns with the facts and the law.
By combining constitutional analysis, statutory interpretation, and aggressive advocacy, we work to secure the best possible outcome in cases involving Texas-controlled substances, the Texas Controlled Substances Act, and complex felony exposure under Texas law.
Get Help For Your Defense Against a Penalty Group 2 Charge
If you’re facing a Poss CS PG 2 charge, you’ll need the help of experienced criminal defense lawyers in Texas because, regardless of the amount, there are felonies and jail/prison time on the line.
Even possession of PG 2-A drugs can be considered a felony if the amount is large enough.
For more information, call 713-470-4097 and get the legal help you need today from Napier Law Firm.
