Texas possession of controlled substance penalty group 3
Texas possession of controlled substance penalty group 3 is a criminal offense under Health and Safety Code § 481.117. Punishment ranges depending on the specific subsection, prior-conviction enhancements, and statutory aggravators. 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.
Bottom line up front: Texas Health & Safety Code § 481.117 criminalizes possession of Penalty Group 3 (PG3) controlled substances — primarily prescription drugs like Xanax, Adderall, Ritalin, Vyvanse, Klonopin, ketamine, and anabolic steroids. PG3 carries lower starting penalties than PG1 or PG2 (Class A misdemeanor at the lowest tier), but valid prescriptio
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Classification: Class A misdemeanor to first-degree felony
Punishment range: Class A misdemeanor (under 28g) to 1st-degree felony (over 400g)
The controlling statute
Texas Health & Safety Code § 481.117 criminalizes possession of Penalty Group 3 (PG3) controlled substances — primarily prescription drugs like Xanax, Adderall, Ritalin, Vyvanse, Klonopin, ketamine, and anabolic steroids. PG3 carries lower starting penalties than PG1 or PG2 (Class A misdemeanor at the lowest tier), but valid prescriptions are a complete affirmative defense under § 481.117(d).
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.117 |
| Cluster | Drug Crimes |
| Classification | Class A misdemeanor to first-degree felony |
| Range | Class A misdemeanor (under 28g) to 1st-degree felony (over 400g) |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 481.117 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally possessed
- A controlled substance listed in Penalty Group 3 (§ 481.104)
- 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 3 case:
- Valid prescription defense (§ 481.117(d)) — complete affirmative defense
- Motion to suppress search (Fourth Amendment)
- "Affirmative links" challenge to possession proof
- Lab challenges — substance identification and weight
- Drug-free zone challenge under § 481.134
- Pretrial diversion negotiation in first-offense misdemeanor cases
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. Prior PG3 convictions can enhance subsequent possession charges.
Key Legal Terms
- Penalty Group 3 (§ 481.104)
- Texas controlled substance schedule including most prescription drugs — benzodiazepines, ADHD stimulants, combinations, anabolic steroids, and ketamine.
- Valid Prescription Defense (§ 481.117(d))
- Complete affirmative defense to PG3 possession when defendant possessed the substance pursuant to a valid prescription. Defendant must produce evidence of the prescription.
- Practitioner
- Health & Safety Code § 481.002 defined term — physician, dentist, veterinarian, optometrist, podiatrist, or other person licensed to prescribe a controlled substance.
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 3?
Is Adderall possession a felony in Texas?
Is Xanax possession a felony in Texas?
Is a valid prescription a defense to PG3 possession in Texas?
What is the penalty for possession in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Possession of Controlled Substance Penalty Group 3? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London ensure attorney-level review at every stage. Free consultation. Frisco, Texas.
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