Health & Safety Code · §481.1151

Possession

Possession is covered under §481.1151 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: PG 1-A (LSD); Graded by 'abuse units' (single doses); <20 units = state jail felony.

Elements you must prove

  • PG 1-A (LSD)
  • Graded by 'abuse units' (single doses)
  • <20 units = state jail felony

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Worked examples

Worked example 1

SCENARIO. Officer finds 8 LSD-blotter tabs on a defendant. Charge?

  1. POSS PG 1 <1 g — state jail felony
  2. POSS PG 1-A <20 abuse units — state jail felony (graded by abuse units, not weight) Correct
  3. POSS PG 1-A 20-79 abuse units — 3rd degree felony
  4. POSS PG 2 <1 g — state jail felony
Why: LSD is PG 1-A. Possession is graded by abuse units rather than weight. <20 units = state jail felony; 20–79 = 3rd degree; 80–3,999 = 2nd degree; 4,000–7,999 = 1st degree; 8,000+ = enhanced 1st degree.
Statute: Tex. Health & Safety Code §481.1151(b)