Texas possession of controlled substance penalty group 2
Texas possession of controlled substance penalty group 2 is a criminal offense under Health and Safety Code § 481.116. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Health & Safety Code § 481.116 criminalizes possession of Penalty Group 2 (PG2) controlled substances — including MDMA/Ecstasy, psilocybin, mescaline, PCP, and synthetic cannabinoids. PG2 sits between PG1 (cocaine) and PG3 (prescription drugs) in severity. Weight-tiered penalties scale from state jail felony to first-degree felony.
Classification: State jail felony to first-degree felony
Punishment range: State jail (under 1g) to 1st-degree felony (over 400g, 5-99 years or life)
The controlling statute
Texas Health & Safety Code § 481.116 criminalizes possession of Penalty Group 2 (PG2) controlled substances — including MDMA/Ecstasy, psilocybin, mescaline, PCP, and synthetic cannabinoids. PG2 sits between PG1 (cocaine) and PG3 (prescription drugs) in severity. Weight-tiered penalties scale from state jail felony to first-degree felony.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.116 |
| Cluster | Drug Crimes |
| Classification | State jail felony to first-degree felony |
| Range | State jail (under 1g) to 1st-degree felony (over 400g, 5-99 years or life) |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 481.116 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally possessed
- A controlled substance listed in Penalty Group 2 (§ 481.103)
- Without a valid prescription or other authorization
- Affirmative links to defendant beyond mere presence
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Possession of Controlled Substance Penalty Group 2 case:
- Motion to suppress the search (Fourth Amendment)
- "Affirmative links" challenge — proximity is not possession (*Tate v. State*, 500 S.W.3d 410)
- Lab re-testing under CCP § 38.45 to challenge substance and weight
- Drug-free zone proof challenge under § 481.134
- Confidential informant disclosure motion under TRE 508
- Valid prescription defense (§ 481.117(d) — for some PG2 substances)
Enhancements & collateral consequences
Drug-free zone enhancement under § 481.134 adds 5 years to confinement and $10,000 to fine when the offense occurred within 1,000 feet of a school, public housing, daycare, or playground.
Key Legal Terms
- Penalty Group 2 (§ 481.103)
- Texas controlled substance schedule including MDMA, psilocybin, PCP, mescaline, and various analogs. PG2-A (§ 481.1031) covers synthetic cannabinoids specifically.
- Affirmative Links (*Tate v. State*, 500 S.W.3d 410)
- Texas requires "affirmative links" between defendant and the substance for a possession conviction. Mere proximity is not possession — the State must prove awareness, control, and exclusion of others.
- Drug-Free Zone (§ 481.134)
- Geographic enhancement adding 5 years confinement and $10,000 fine when offense occurred within 1,000 feet of a school, public housing, daycare, or playground.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What drugs are in Texas Penalty Group 2?
What is the penalty for PG2 possession in Texas?
Is MDMA (Molly/Ecstasy) Penalty Group 1 or 2 in Texas?
Are psilocybin mushrooms PG2 in Texas?
Can I get probation for PG2 possession in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Possession of Controlled Substance Penalty Group 2? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060