Penal Code · §481.117
Possession of Controlled Substance (PG 3)
Elements
- A person
- Knowingly or intentionally
- Possesses
- A controlled substance listed in Penalty Group 3 (e.g., compounds containing limited amounts of codeine, dihydrocodeine, ethylmorphine; benzodiazepines like Xanax/Valium; anabolic steroids; certain stimulants like Ritalin)
Penalty
Aggregate weight under §481.117(b–e): less than 28 grams — Class A misdemeanor (up to 1 year county jail + up to $4,000 fine, §12.21); 28 to 200 grams — 3rd degree felony (2 to 10 years + up to $10,000 fine, §12.34); 200 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) and use-of-child (§481.140) enhancements apply.