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.
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 § 481.117 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
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 personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060