Health & Safety Code · §481.116
Possession of Controlled Substance — PG 2
Knowingly or intentionally possesses a controlled substance in Penalty Group 2 (MDMA/ecstasy, PCP, psilocybin, listed psychedelics).
To prove this offense, the State must establish each of the following elements: PG 2 substance; <1 g; State jail felony.
The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- PG 2 substance
- <1 g
- State jail felony
Texas Law — Charge Details
State Jail → Enhanced 1st Degree
Offense
Possession of Controlled Substance — PG 2
Statute
Tex. Health & Safety Code §481.116
Classification
Graded by weight
Knowingly or intentionally possesses a controlled substance in Penalty Group 2 (MDMA/ecstasy, PCP, psilocybin, listed psychedelics).
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| <1 g | State jail felony | §481.116(b) |
| ≥1 g but <4 g | 3rd degree felony | §481.116(c) |
| ≥4 g but <400 g | 2nd degree felony | §481.116(d) |
| ≥400 g | 5–99 yrs or life; fine up to $50,000 | §481.116(e) |
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Worked examples
Worked example 1
POSS CS PG 2 less than 1 gram is what level?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
Why: <1 g of PG 2 (MDMA, PCP, psilocybin, etc.) is a state jail felony.
Statute: Tex. Health & Safety Code §481.116(b)