POSS CS PG 1/1-B 4g to 200g — Texas Felony Charges Explained
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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.
Table of Contents
Why second-degree weight changes the case
Up to 4 grams, the prevailing assumption in most Texas counties is personal use. Above 4 grams, prosecutors begin reading the case as distribution-adjacent. Even when the formal charge is simple possession (not manufacture/delivery), the weight signals to the prosecutor that the person likely was selling, fronting, or holding for someone who was. That assumption shapes every offer.
What actually changes:
- Bond amounts triple. First-time PG 1 sub-1-gram cases routinely get $5,000 PR bonds; second-degree cases often start at $25,000-$50,000 cash.
- Pretrial release conditions tighten. Drug testing, monitored ankle bracelets, and travel restrictions become standard.
- Initial offers start at TDCJ. Where a third-degree case opens with deferred adjudication, second-degree cases often open with "5 years TDCJ" as the first number, with probation reachable only after substantial defense pushback.
- Federal interest emerges. Cases above the 4-gram line, particularly with cash or other indicia, sometimes attract DEA or HSI attention. A federal indictment changes everything: federal Sentencing Guidelines under USSG §2D1.1, mandatory minimums under 21 U.S.C. §841, and the Armed Career Criminal Act all become live concerns.
The "distribution indicia" inventory
Prosecutors look for specific indicators when deciding whether to charge possession or push for manufacture/delivery (which carries first-degree exposure even at this weight under §481.112). The standard indicia inventory:
- Packaging. Multiple individually wrapped quantities (especially 0.5g or 1.0g portions) suggest distribution. Bulk in a single bag suggests personal use.
- Cash. Particularly cash in small denominations, separated, or in amounts inconsistent with the defendant's legitimate income.
- Scales or measuring devices. Digital scales calibrated to .01g are presumed for distribution; a kitchen scale less so.
- Communications. Text messages with quantity references, drug slang, or transactional language.
- Multiple substances. A defendant carrying cocaine, methamphetamine, and pills together is harder to characterize as personal use.
- Cutting agents. Possession of mannitol, inositol, or lactose alongside the substance suggests preparation for distribution.
Defense work pushes back on each: explaining the cash, attacking the chain of custody on the phone, contesting the scale interpretation, and arguing that personal use of multiple substances is common in modern poly-drug use patterns.
Search warrant cases versus traffic stop cases
At 4-200 gram weights, cases come from one of two postures: a traffic stop where the officer's instincts and a K-9 produced a windfall, or a search warrant on a residence after surveillance. The defense playbooks differ.
Traffic stop cases follow the same suppression analysis as smaller-weight cases — Rodriguez on extension, K-9 reliability, consent voluntariness — but at this weight, the K-9 was almost certainly summoned, suggesting the officer had time to develop reasonable suspicion (or didn't). The fight is over what the officer articulates as the suspicion: nervousness, a "lived-in" appearance of the car, masking odors, or specific behavioral cues. Texas appellate courts have been increasingly skeptical of vague "totality of the circumstances" articulations that don't point to specific facts.
Search warrant cases require a Franks hearing analysis under Franks v. Delaware, 438 U.S. 154 (1978). The warrant affidavit is examined for false statements or material omissions made knowingly or with reckless disregard for the truth. Texas courts apply the same standard. Common attack points: confidential informant reliability, controlled-buy procedures, surveillance gaps, and stale information.
Plea structure for second-degree cases
When suppression doesn't end the case — and at this weight, it often doesn't fully — the negotiation focuses on three structural goals:
Goal 1: Stay under the first-degree line. Anything that could push the case to manufacture/delivery, school-zone enhancement, or weight increase makes prison inevitable. Defense work avoids stipulations that admit elements of higher-tier offenses.
Goal 2: Preserve probation eligibility. A second-degree felony with a sentence under 10 years is eligible for community supervision (Code of Criminal Procedure art. 42A.054). Above 10 years, supervision is jury-only, which limits negotiation.
Goal 3: Preserve nondisclosure later. Government Code §411.0728 allows nondisclosure for second-degree drug felonies after deferred adjudication and a 5-year discharge period. Conviction at second-degree level cannot be sealed; the analysis must keep deferred adjudication on the table.
The realistic outcome for a first-time second-degree PG 1 defendant with no aggravating factors and a defensible case is deferred adjudication on a 7-to-10-year term. Defendants with prior felony history, weapon involvement, or large cash typically face a pen plea (TDCJ sentence) but with substantial flexibility on the years.
When to consider trial
Most second-degree drug cases plead. The economics make sense: probation is materially better than a TDCJ sentence, and most cases at this weight have enough evidence that a jury will return a guilty verdict at trial.
The exceptions where trial becomes the right answer:
- The lab is genuinely contested. Where the substance is unusual, the testing protocols are unorthodox, or the analyst's qualifications are weak.
- The possession is shaky. Where the substance was found in a shared space, in a container with another person's identification, or where the defendant credibly denies knowledge.
- The state's offer ignores mitigating circumstances. Where the prosecutor refuses to consider mental health, addiction history, or military service in the offer, a sentencing jury may give substantially better.
- Suppression preserved for appeal. Where the trial court denied suppression on a close call, going to trial preserves the issue for appellate review.
Texas trial-court drug cases at this weight are rare — perhaps 5% of dockets statewide go to verdict. But the trials that do happen are often won outright on suppression, weight, or possession theories. The threat of trial — backed by a defense team that has done the work — is what makes plea negotiations move.
Texas Penalty Group 1 Charges by Weight
Texas Health & Safety Code § 481.115 charges escalate by weight:
| Weight | Offense | Range | Fine |
|---|---|---|---|
| Under 1 g | State jail felony | 180 days-2 years state jail | $10,000 |
| 1-4 g | 3rd degree felony | 2-10 years TDCJ | $10,000 |
| 4-200 g | 2nd degree felony | 2-20 years TDCJ | $10,000 |
| 200-400 g | 1st degree felony | 5-99 years/life TDCJ | $100,000 |
| 400 g+ | Enhanced 1st degree | 10-99 years/life TDCJ | $100,000 |
Charged with this offense in Texas?
Call L and L Law Group for a free, confidential consultation. We handle drug crime defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In 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.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
Can a second-degree drug case become federal?
Yes. Cases at this weight occasionally attract DEA or HSI interest, particularly where there are interstate connections, large cash, or evidence of organization. The decision to indict federally rests with the U.S. Attorney's Office in TXND or TXED. If federal charges replace state charges, the case shifts to USSG §2D1.1 sentencing, with mandatory minimums under 21 U.S.C. §841 triggering at much lower drug-quantity thresholds for federal purposes. Defense strategy often includes proactive contact with the AUSA to keep the case in state court where outcomes are more flexible.
What does "weight as charged" mean if the substance is mostly cutting agent?
Texas law (§481.002(5)) measures aggregate weight including adulterants and dilutants. A baggie weighing 5 grams that contains only 1 gram of pure cocaine is still charged at 5 grams. Defense challenges focus on what counts as a true adulterant or dilutant versus inert packaging, but the basic rule disfavors the defense. The analytical fight is at the lab level: what was tested, how it was prepared, and whether anything inert was included in the weighed mass.
How does the school-zone enhancement work?
Health & Safety Code §481.134 increases the punishment by one level if the offense occurred within 1,000 feet of a school, playground, video arcade, or daycare. A second-degree felony becomes a first-degree felony with the enhancement. The state must plead the enhancement specifically and prove the location at trial. Defense work measures the actual distance, contests whether the location qualifies under the statute, and pushes back on whether the substance was actually possessed at the alleged location versus discovered there.
Will I lose my driver's license over a second-degree drug case?
Texas Transportation Code §521.372 requires a 6-month driver's license suspension upon any drug-related conviction or deferred adjudication. The suspension can be reduced or avoided in some cases through occupational license proceedings or by structuring the plea to avoid the §521.372 trigger. The license issue is a side-effect that should be analyzed at the plea stage, not after the fact.
How long does deferred adjudication last on a second-degree felony?
Up to 10 years. Most second-degree drug cases resolve with deferred adjudication terms in the 7-to-10-year range. Successful completion ends the case without a conviction. Nondisclosure becomes available 5 years after discharge. The conditions are intensive: monthly reporting, employment maintenance, drug testing, and mandatory treatment programs. Failure to complete — through new arrests, missed appointments, or testing dirty — results in adjudication and the original sentence range becomes available, including TDCJ time.
