Texas possession of controlled substance penalty group 4
Texas possession of controlled substance penalty group 4 is a criminal offense under Health and Safety Code § 481.118. 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 § 481.118 criminalizes possession of Penalty Group 4 (PG4) controlled substances — compounds in limited quantities, derivatives in non-narcotic preparations, and certain other low-abuse-potential drugs. PG4 is the least severe drug penalty group, starting at Class B misdemeanor and escalating with weight. Valid prescr
Classification: Class B misdemeanor to first-degree felony
Punishment range: Class B misdemeanor (under 28g) to 1st-degree felony (over 400g)
The controlling statute
Texas Health & Safety Code § 481.118 criminalizes possession of Penalty Group 4 (PG4) controlled substances — compounds in limited quantities, derivatives in non-narcotic preparations, and certain other low-abuse-potential drugs. PG4 is the least severe drug penalty group, starting at Class B misdemeanor and escalating with weight. Valid prescriptions remain a complete defense.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.118 |
| Cluster | Drug Crimes |
| Classification | Class B misdemeanor to first-degree felony |
| Range | Class B misdemeanor (under 28g) to 1st-degree felony (over 400g) |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 481.118 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally possessed
- A controlled substance listed in Penalty Group 4 (§ 481.105)
- Without a valid prescription or other authorization
- Affirmative links 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 4 case:
- Valid prescription defense — complete affirmative defense
- Motion to suppress under Fourth Amendment
- Affirmative links challenge
- Lab substance identification challenge
- Class C reduction negotiation in first-offense cases
- Pretrial diversion eligibility evaluation
Enhancements & collateral consequences
Drug-free zone enhancement under § 481.134 adds 5 years to confinement and $10,000 to fine when offense occurs within 1,000 feet of a protected location. Repeat offense enhancements under Penal Code Chapter 12 apply.
Key Legal Terms
- Penalty Group 4 (§ 481.105)
- Texas controlled substance schedule for substances with lower abuse potential — limited-quantity, preparations in non-narcotic medicinal contexts, certain pyrovalerone analogs.
- Class B Misdemeanor
- Texas Penal Code § 12.22 — up to 180 days county jail and up to $2,000 fine. The lowest-tier confinement-eligible offense in Texas; many resolutions occur without jail time.
- Affirmative Defense
- A defense the defendant must raise and prove by preponderance of the evidence. Valid prescription is the primary affirmative defense in PG4 possession cases.
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 4?
What is the penalty for PG4 possession in Texas?
Is over-the-counter illegal in Texas?
Can PG4 possession be expunged in Texas?
Is PG4 a felony in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Possession of Controlled Substance Penalty Group 4? 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