POSS CS PG Weight Thresholds — Complete Reference for Texas Charges
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Penalty Group 1 thresholds (§481.115)
Penalty Group 1 includes cocaine, methamphetamine, ketamine, GHB, and most other . The most heavily prosecuted category.
| Aggregate Weight | Felony Tier | Punishment Range |
|---|---|---|
| Under 1 gram | State jail | 180 days – 2 years state jail; up to $10,000 |
| 1g – under 4g | 3rd degree | 2 – 10 years TDCJ; up to $10,000 |
| 4g – under 200g | 2nd degree | 2 – 20 years TDCJ; up to $10,000 |
| 200g – under 400g | 1st degree | 5 to 99 years or life; up to $10,000 |
| 400g+ | Enhanced 1st | 10 to 99 years or life; up to $100,000 |
Critical breakpoints: 1 gram (state jail to third degree), 4 grams (third to second degree), 200 grams (second to first degree).
Penalty Group 1-B thresholds (§481.1023)
Created in 2023 (HB 6) for and analogs, with enhanced punishment.
| Aggregate Weight | Felony Tier | Punishment Range |
|---|---|---|
| Under 1 gram | 2nd degree | 2 – 20 years TDCJ; up to $10,000 |
| 1g – under 4g | 1st degree | 5 to 99 years or life; up to $10,000 |
| 4g – under 200g | Enhanced 1st | 10 to 99 years or life; up to $100,000 |
| 200g – under 400g | Enhanced 1st | 15 to 99 years or life; up to $250,000 |
| 400g+ | Enhanced 1st | 20 to 99 years or life; up to $250,000 |
Note: PG 1-B starts at second degree even for under-1-gram amounts — an enormous shift from PG 1's state jail floor. The carve-out is the harshest weight tier structure in Texas drug law.
Penalty Group 2 thresholds (§481.116)
Penalty Group 2 includes MDMA, PCP, mescaline, psilocybin, and THC concentrates.
| Aggregate Weight | Felony Tier | Punishment Range |
|---|---|---|
| Under 1 gram | State jail | 180 days – 2 years state jail; up to $10,000 |
| 1g – under 4g | 3rd degree | 2 – 10 years TDCJ; up to $10,000 |
| 4g – under 400g | 2nd degree | 2 – 20 years TDCJ; up to $10,000 |
| 400g+ | 1st degree | 5 to 99 years or life; up to $50,000 |
Note the difference from PG 1: there is no 200-gram intermediate tier. The second-degree band runs from 4 grams to 400 grams. This matters in vape-cartridge cases where multiple cartridges quickly exceed 4 grams but stay well under 400.
Penalty Group 3 thresholds (§481.117)
Penalty Group 3 covers benzodiazepines, barbiturates, anabolic steroids, and lower-schedule prescription pharmaceuticals.
| Aggregate Weight | Class/Tier | Punishment Range |
|---|---|---|
| Under 28 grams | Class A misdemeanor | Up to 1 year county jail; $4,000 |
| 28g – under 200g | 3rd degree | 2 – 10 years TDCJ; $10,000 |
| 200g – under 400g | 2nd degree | 2 – 20 years TDCJ; $10,000 |
| 400g+ | Enhanced 1st | 5 to 99 years or life; $50,000 |
The 28-gram threshold (1 ounce) before felony status is the highest in the Texas drug code, reflecting the lower-schedule status of these substances.
Penalty Group 4 thresholds (§481.118)
Penalty Group 4 covers cough syrups, preparations, and lower-strength narcotic combinations.
| Aggregate Weight | Class/Tier | Punishment Range |
|---|---|---|
| Under 28 grams | Class A misdemeanor | Up to 1 year county jail; $4,000 |
| 28g – under 200g | 3rd degree | 2 – 10 years TDCJ; $10,000 |
| 200g – under 400g | 2nd degree | 2 – 20 years TDCJ; $10,000 |
| 400g+ | Enhanced 1st | 5 to 99 years or life; $50,000 |
Same structure as Penalty Group 3. For liquid preparations like cough syrup, the entire liquid volume counts toward aggregate weight, which means small bottles can quickly exceed felony thresholds.
Marijuana thresholds (§481.121)
Marijuana plant material is in its own category. Note these thresholds use ounces, not grams (28.35 grams = 1 ounce).
| Aggregate Weight | Class/Tier | Punishment Range |
|---|---|---|
| Under 2 oz (~57g) | Class B misdemeanor | Up to 180 days county jail; $2,000 |
| 2 – 4 oz (~57-113g) | Class A misdemeanor | Up to 1 year county jail; $4,000 |
| 4 oz – 5 lbs | State jail | 180 days – 2 years state jail |
| 5 lbs – 50 lbs | 3rd degree | 2 – 10 years TDCJ |
| 50 lbs – 2,000 lbs | 2nd degree | 2 – 20 years TDCJ |
| 2,000 lbs+ | Enhanced 1st | 5 to 99 years or life; $50,000 |
Marijuana penalties are dramatically lower than THC concentrate penalties. An ounce of plant material is a Class B misdemeanor; a 1-gram THC vape cartridge is a state jail felony. The structural disparity is the most aggressive aspect of Texas drug enforcement.
How to use these thresholds in your case
Three practical applications:
1. Identify your tier and the next tier down. Most weight challenges aim to move the case from one tier to the tier below. From third-degree to state jail (under 1 gram) is the most consequential PG 1 move. From third-degree to misdemeanor (under 28 grams) is the most consequential PG 3 or 4 move.
2. Assess whether the alleged weight is realistic. Field weights are notoriously unreliable. If the charge alleges a weight close to a tier line (1.1g, 4.2g, 28.5g, 200.3g), pursue a retest aggressively — these cases sometimes move tier on remeasurement.
3. Consider mixture and aggregation issues. If multiple substances or multiple containers are involved, weight aggregation may be improper. Cross-examine the analyst on what was actually weighed and whether different substances were combined that should have been weighed separately.
The weight tier dictates the negotiation. Defense work that moves a case down even one tier often makes the difference between TDCJ exposure and probation eligibility.
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
Why are PG 1 thresholds so much lower than PG 3?
Legislative judgment about substance schedule. Penalty Group 1 substances (cocaine, methamphetamine) are treated as the most dangerous and are scheduled most aggressively. Penalty Group 3 (benzos, barbiturates) and Group 4 (cough syrup) are treated as lower-schedule pharmaceuticals with legitimate medical uses, and the higher thresholds reflect that. The disparity is often surprising: 1 ounce of Xanax is a misdemeanor, but 1 gram of cocaine is a felony.
What weight is included in "aggregate weight"?
Health & Safety Code §481.002(5) defines aggregate weight as the substance plus any "adulterants and dilutants" combined into a "mixture or preparation." Cutting agents in powder cases count. Pill binders and coatings count. Liquid carriers count. Inert packaging (baggie, foil, container) generally does not, though field weights sometimes mistakenly include packaging. The lab's analytical procedure determines what was actually weighed.
Can the weight on my charge change before trial?
Yes. The initial charge often reflects field weight (officer's scale at the scene). The lab weight is often different and is what controls at trial. The DA can amend the indictment to reflect lab weight if it is different. Defense-funded retests under Code of Criminal Procedure art. 39.14 sometimes produce a third weight number, which can support reduction or dismissal if the lab weight is unreliable.
What if my drugs were across multiple containers?
The state generally aggregates weight across all containers seized in the same incident, provided the substances are in the same penalty group. If different substances were in different containers, they must be tested and weighed separately. Mixed-substance cases sometimes break apart on these rules — a single case with cocaine in one bag and Xanax in another would result in two separate charges (PG 1 and PG 3) at different weight tiers, not one combined charge.
Are there school-zone or other enhancements that change these tiers?
Yes. Health & Safety Code §481.134 enhances 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. Enhancements also apply for delivery to minors, possession in correctional facilities, and offenses in drug-free zones designated by local authority. Defense counsel must contest the geographic application of these enhancements, which often requires actual measurement of distances.
References & Statutes
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