Texas H&S §481.118 Possession of Controlled Substance Penalty Group 4

Statutory elements — § 481.118(a)

Texas Health & Safety Code § 481.118(a) provides that, except as authorized by Chapter 481, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 4, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

"Knowingly or intentionally" mens rea. Penal Code § 6.03(a)-(b) governs. The defendant must intend the possession or know the substance is in their possession. Knowledge of the substance's controlled-substance status is required; specific chemical identification is not.

"Possesses." Penal Code § 1.07(a)(39) — actual or constructive possession. The affirmative-links framework applies; PG 4 cases frequently involve household pill bottles, vehicle compartments, and multi-occupant locations.

The prescription exception. The defense applies when the substance was obtained directly from or under a valid prescription. The exception language is identical to § 481.117 (PG 3) and produces identical analytical issues — the prescription must be valid, must be for the specific defendant, and must come from a practitioner acting within professional scope. Substances prescribed to other persons, internet-pharmacy substances outside lawful authority, and substances exceeding prescribed quantities fall outside the exception.

Penalty Group 4 substances under § 481.105. The schedule includes specific low-dose narcotic combination products, certain -containing preparations, difenoxin combinations in specified configurations, certain stimulant preparations, and a short list of additional substances. The combination-product framework is the distinctive feature of PG 4 — many of the listed substances would be in higher penalty groups at higher concentrations.

Adulterants and dilutants. § 481.002(5) aggregation applies. Combination pills are weighed at full pill weight; liquids and syrups at total preparation weight. The aggregation rule is consequential in PG 4 cases because the controlled-substance content is typically a small fraction of the total product weight.

What is in Penalty Group 4

Penalty Group 4 is the shortest of the Chapter 481 schedules. The list is concentrated on combination products and substances with relatively low abuse potential.

Low-dose combinations. Combination products containing in low concentrations (per § 481.105(1)) with non-narcotic active ingredients fall in PG 4. Examples include certain low-dose -acetaminophen formulations and certain low-dose cough preparations. Higher-dose combinations fall in PG 3 or PG 1 depending on concentration and total active .

Dihydrocodeine combinations. Low-dose dihydrocodeine combinations (per § 481.105(2)) with non-narcotic ingredients fall in PG 4. Similar dose-and-formulation analysis applies.

Low-dose preparations. Specified -containing combination products with non-narcotic ingredients. Historically common in low-dose anti-diarrheal preparations (paregoric).

Difenoxin combinations. Combination anti-diarrheal preparations containing difenoxin in specified configurations with atropine sulfate. Common brand-name preparations have included Motofen.

Certain combination stimulant preparations. Specific low-dose stimulant combinations in specified configurations.

Why combination-product framework matters. The PG 4 classification depends on the specific dose, formulation, and combination with non-narcotic ingredients. The same chemical (dihydrocodeine) appears in higher penalty groups at higher concentrations. The schedule analysis for any specific seized substance requires the laboratory to identify both the controlled chemical and the concentration relative to the entire formulation.

Pregabalin (Lyrica). Pregabalin was added to the federal controlled substances schedule (Schedule V federally) in 2005 and is scheduled in Texas. The Texas penalty-group classification for pregabalin should be verified against the current statute — schedules have changed and any specific case requires verification of the current placement.

. is used in clinical treatment for substance use disorder. Its Texas penalty-group classification has been subject to legislative amendment and should be verified against the current schedule for any specific case.

Weight tiers — the Class B floor

§ 481.118(b)-(e) sets four weight tiers, with the lowest tier carrying the lightest possession penalty in the Chapter 481 framework.

§ 481.118(b) — Less than 28 grams. Class B misdemeanor. Punishment under Penal Code § 12.22: up to 180 days in county jail plus a fine up to $2,000. This is the lightest possession penalty for any of the controlled-substance possession statutes — substantially lighter than the PG 3 Class A misdemeanor and dramatically lighter than the PG 1 / PG 2 state jail felony floor. Probation is available for up to two years; deferred adjudication is available.

§ 481.118(c) — 28 grams or more but less than 200 grams. Third-degree felony under § 12.34. Punishment range: 2 to 10 years TDCJ plus a fine up to $10,000.

§ 481.118(d) — 200 grams or more but less than 400 grams. Second-degree felony under § 12.33. Punishment range: 2 to 20 years TDCJ plus a fine up to $10,000.

§ 481.118(e) — 400 grams or more. First-degree felony. Punishment range: 5 to 99 years or life TDCJ plus a fine up to $50,000.

Pill counts and aggregate weight in PG 4 cases. The 28-gram misdemeanor threshold is generous in PG 4 terms because most PG 4 substances are combination products with substantial non-controlled ingredient weight. A bottle of liquid PG 4 preparation can run several ounces (substantially over 28 grams) but contain only milligrams of the actual controlled substance. The aggregation rule means a low-volume PG 4 user case can face third-degree-felony exposure on what is effectively a small narcotic dose. This is the single most consequential feature of PG 4 charging.

Drug-free zone enhancement under § 481.134. Zone enhancement applies to § 481.118 offenses. A Class B misdemeanor in a zone is enhanced to a Class A misdemeanor or state jail felony depending on configuration — eliminating the misdemeanor advantage entirely in covered locations.

The dose-and-formulation distinction

The PG 4 schedule is structured around dose-and-formulation analysis. The same controlled chemical (dihydrocodeine) appears in different penalty groups depending on concentration and combination. Defense counsel should understand the analytic distinction.

The PG 4 threshold. § 481.105(1) covers in concentrations not exceeding specified milligrams per dosage unit or per 100 milliliters, combined with one or more non-narcotic active ingredients in recognized therapeutic amounts. Higher concentrations of (above the PG 4 threshold) fall in PG 3 or PG 1.

The "non-narcotic active ingredient" requirement. PG 4 placement requires the combination product to include non-narcotic active ingredients in recognized therapeutic amounts. Pure or quasi-pure — not in combination with acetaminophen, decongestants, or other therapeutic ingredients — falls in higher penalty groups regardless of total dose.

Laboratory analysis requirements. Substance identification under § 481.118 requires the laboratory to identify both the controlled chemical and the concentration. Where the lab report identifies a substance as PG 4 without confirming the specific concentration and combination configuration, the schedule placement is contestable.

Where the analysis goes wrong. Common errors in charging: characterizing a substance as PG 1 or PG 3 when it should be PG 4; failing to identify the specific concentration in liquid preparations; treating a higher-dose product (which should be PG 1) as a lower-dose product (PG 4) or vice versa. Defense counsel should verify the schedule placement against the actual laboratory analysis in every case.

The " question." cases produce frequent schedule-placement disputes. is used in -dependence treatment, is widely prescribed under specific federal programs, and has had varying Texas schedule placements over time. Defense counsel should verify the current placement and document the prescription chain carefully.

The dose-distinction defense. Where a substance can be reclassified from a higher penalty group to PG 4 based on the dose-and-formulation analysis, the charge level drops substantially. Defense counsel should challenge schedule placement where the laboratory analysis supports reclassification.

How these cases actually arise

Texas § 481.118 prosecutions are less common than PG 1, PG 2, or PG 3 prosecutions because the PG 4 substance population is smaller and the user population is generally treated through legitimate medical channels. The cases that do arise tend to cluster around several patterns.

-containing cough syrup cases. The historically most common pattern. Defendants in possession of bottles or large quantities of cough syrup, often in cultural-music or recreational-use contexts ("lean" or ""). The schedule placement of the specific product is the threshold question — bottle labels and laboratory analysis determine whether the substance falls in PG 4 (low-dose combination) or PG 1 (higher-dose preparations).

Difenoxin combination cases. Anti-diarrheal preparations containing difenoxin in combination with atropine sulfate. Possession outside legitimate medical use produces PG 4 charges.

Combination cold-medicine cases. Some over-the-counter and behind-the-counter cold preparations contain controlled-substance components. Bulk possession or possession in unusual quantities (multiple bottles, recent purchases at multiple pharmacies) sometimes produces PG 4 charges.

diversion cases. Defendants in -dependence treatment programs who divert their medication ( or ) to others, or who possess outside their treatment prescription, face PG 4 prosecutions (where is in PG 4 — schedule placement should be verified for the specific case).

Pharmacy theft and diversion cases. Defendants charged with pharmacy theft or diversion sometimes face PG 4 charges in addition to higher-schedule charges. Bulk PG 4 substances in pharmacy settings produce significant aggregate weight.

Healthcare-worker diversion cases. Nurses and other healthcare workers in clinical settings sometimes divert PG 4 substances; cases parallel licensing-board proceedings and often resolve through coordinated dispositions.

Multistate purchasing patterns. Some PG 4 prosecutions arise from pharmacy-data analysis that identifies suspicious purchasing patterns — same defendant filling similar prescriptions at multiple pharmacies in short windows, often across state lines. § 481.129 doctor-shopping charges sometimes parallel.

Defense strategy — schedule, prescription, possession

The defense template for § 481.118 cases has a recognizable structure.

Schedule-placement challenge. The unique-to-PG-4 defense lever. The state must prove the substance is in fact a PG 4 controlled substance, which requires laboratory analysis confirming both the specific chemical and the concentration and combination configuration. Where the laboratory analysis is incomplete or where the substance characteristics support a different schedule placement, defense counsel should contest. A successful reclassification from PG 1 to PG 4 reduces a felony to a misdemeanor; a reclassification from PG 4 to PG 1 increases exposure dramatically and should be contested if the state attempts it.

Prescription verification. Same framework as PG 3 cases. Many PG 4 substances are legitimate prescription medications; prescription documentation often resolves the case. Counsel should obtain pharmacy records, physician statements, and treatment-program documentation early.

Fourth Amendment suppression. Standard framework. Traffic stops, search warrants, K-9 alerts, and consent searches all support suppression motions in PG 4 cases.

Possession element. Affirmative-links analysis. PG 4 cases involving shared spaces (vehicles, residences, workplaces) present routine constructive-possession issues.

Weight challenges. The aggregation rule is consequential in PG 4 cases because the controlled-substance content is typically a small fraction of total product weight. A liquid preparation that weighs 100 grams may contain only 100 milligrams of actual controlled substance. Defense counsel should examine whether the state's weight measurement reflects actual aggregation rule compliance and whether any reclassification to a lower-quantity tier is available.

Diversion track. The Class B misdemeanor floor makes PG 4 cases broadly eligible for diversion. Most Texas counties offer pretrial intervention for first-offense user-quantity cases. Diversion completion produces dismissal and preserves the defendant's record. This is often the operative defense goal.

Licensing-board coordination. Healthcare-worker cases require parallel coordination with licensing counsel. The criminal posture affects the licensing case and vice versa.

First 30 days — what to do, in order

Days 1–3. Retain counsel before any further interview. PG 4 cases — like PG 3 cases — frequently produce voluntary post-arrest statements from defendants who believe their prescription history will resolve the case. Those statements are recorded and discoverable. Counsel arranges pretrial release and instructs the defendant on no-statement obligations. Prescription investigation begins immediately.

Days 3–10. Counsel obtains pharmacy prescription history, physician records, and treatment-program documentation supporting the legitimate-medical-use posture. For cases specifically, counsel obtains the federal DATA 2000 / Drug Addiction Treatment Act-related prescriber documentation and the substance-use treatment program documentation. Preservation letters issue to law enforcement for body camera, dashcam, and any vehicle-search documentation.

Days 10–20. Counsel requests the offense report, the laboratory analysis report, and any search-warrant documentation. The substance identification, concentration, and schedule placement are reviewed carefully against the charging level. For -containing products and other dose-sensitive substances, defense counsel verifies the schedule analysis. Defense priorities are sequenced: schedule-placement and prescription first; suppression second; possession theory third.

Days 20–30. Counsel opens dialogue with the prosecutor on charging configuration, diversion eligibility, and plea posture. For documented-prescription cases, the operative ask is dismissal. For non-prescription cases at the misdemeanor level, pretrial intervention is broadly available. For higher-quantity cases, the schedule-placement analysis and the weight-aggregation analysis are the dominant negotiation levers.

The PG 4 timeline is the most forgiving of any drug-possession statute in Texas because of the Class B misdemeanor floor. But defense counsel selected early still produces better outcomes than counsel selected late — preservation windows, lab-report review opportunities, and pre-indictment dialogue all benefit from early engagement.