Possession of Controlled Substance (PG 2)
Elements
- A person
- Knowingly or intentionally
- Possesses
- A controlled substance listed in Penalty Group 2 (e.g., MDMA/ecstasy, PCP, mescaline, psilocybin, hashish concentrates, certain synthetic cannabinoids)
Penalty
Aggregate weight under §481.116(b–e): less than 1 gram — state jail felony (180 days to 2 years + up to $10,000 fine, §12.35); 1 to 4 grams — 3rd degree felony (2 to 10 years + up to $10,000 fine, §12.34); 4 to 400 grams — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); 400+ grams — 1st degree felony with mandatory minimum 5 years (up to 99 or life + up to $50,000 fine).
Enhancements
Drug-Free Zone (§481.134): for 1 gram or more, the minimum term is increased by 5 years and the maximum fine doubled (§481.134(c)); under 1 gram, the state jail felony becomes a third-degree felony (§481.134(d)); increased punishment may not run concurrently (§481.134(h)). Penalty Group 2-A (synthetic cannabinoids) is governed separately under §481.1161 with its own ladder.