Poss CS PG 1/1-B >=1g<4g Charges: What You Need to Know
Understand how Texas handles Poss CS PG 1/1-B charges for 1g–4g, including legal processes, sentencing factors, and long-term impacts.
Possession of certain controlled substances in Texas, specifically between one and four grams from Penalty Group 1 or 1-B, is a serious felony charge with potentially lasting effects. Understanding the nature of these charges under state law is crucial for anyone facing them.
Classification and Severity
Under the Texas Health and Safety Code Section 481.115, knowingly possessing a controlled substance listed in Penalty Group 1 (PG 1) or Penalty Group 1-B (PG 1-B) without a valid prescription is illegal.1Texas Legislature Online. Texas Health and Safety Code § 481.115 – Offense: Possession of Substance in Penalty Group 1 or 1-B The severity depends on the weight. Possessing one gram or more but less than four grams is classified as a third-degree felony.
In Texas, felonies range from state jail felonies (least severe) to capital felonies (most severe). A third-degree felony is a significant charge, carrying more weight than misdemeanors or state jail felonies. Penalty Group 1 includes substances such as cocaine, heroin, methamphetamine, and certain opioids like oxycodone. Penalty Group 1-B specifically targets fentanyl and its derivatives, reflecting heightened concern over these drugs. The law treats possession of 1-4 grams from either group identically under Section 481.115(c), assigning the same third-degree felony status.
Common Evidence Presented
To secure a conviction for possessing 1-4 grams of a PG 1 or 1-B substance, the state must prove the accused knowingly or intentionally possessed it. The primary evidence is usually the substance itself, recovered by law enforcement. Maintaining the integrity of this evidence through a documented chain of custody is essential for it to be admissible in court.
The seized substance is sent to a forensic lab, often managed by the Texas Department of Public Safety (DPS), for analysis. Scientists identify the substance, confirm it belongs to PG 1 or 1-B, and determine its weight, including any additives. An official lab report confirming the identity and weight (between one and four grams for this charge) is critical evidence.
Prosecutors must also establish “possession,” defined under state law as actual care, custody, control, or management. If drugs are found on the person, proof may be simple. If found in a shared space, like a car or home, prosecutors use the “affirmative links” doctrine. This requires showing specific facts connecting the accused to the drugs, proving knowledge and control beyond mere proximity. Examples include the defendant’s closeness to easily accessible drugs, drugs in plain view, presence of paraphernalia, incriminating statements, attempts to flee, or ownership of the location. Officer testimony and video footage are often used to build this connection.
Factors Influencing Sentencing
A conviction for this third-degree felony carries a standard sentencing range defined by Texas Penal Code Section 12.34: imprisonment for two to ten years and a possible fine up to $10,000.2Texas Legislature Online. Texas Penal Code § 12.34 – Third Degree Felony Punishment The actual sentence depends on various factors.
A defendant’s criminal history significantly impacts sentencing. Under Penal Code Section 12.42, a prior felony conviction (excluding certain state jail felonies) can elevate the punishment range to that of a second-degree felony (2-20 years).3Texas Legislature Online. Texas Penal Code § 12.42 – Penalties for Repeat and Habitual Felony Offenders Two prior felony convictions can trigger habitual offender provisions, potentially leading to 25-99 years or life imprisonment.
Circumstances of the offense can also increase penalties. Committing the offense in a “drug-free zone,” defined by Health and Safety Code Section 481.134 as areas near schools, playgrounds, or youth centers, can add five years to the minimum prison term and double the maximum fine for certain offenses, including this one.4Texas Legislature Online. Texas Health and Safety Code § 481.134 – Drug-Free Zones
Mitigating factors may lead to a sentence at the lower end of the range. These include having no prior criminal record, showing remorse, cooperating with law enforcement, or demonstrating efforts toward substance abuse treatment. Courts often use a Pre-Sentence Investigation (PSI) report, which details the defendant’s background and rehabilitation potential, to inform the sentencing decision.
Plea bargaining heavily influences outcomes. Many cases resolve when defendants plead guilty, often for a recommended sentence from the prosecutor. While judges aren’t bound by these agreements, they usually give them significant weight. The strength of the evidence, the defendant’s history, and local prosecution policies affect plea offers.
Court Proceedings
Following an arrest for possessing 1-4 grams of a PG 1/1-B substance, formal court proceedings begin. Texas law requires the accused to appear before a magistrate within 48 hours. The magistrate informs the accused of the charges and rights (to counsel, remain silent, etc.) and sets bail.
Felony cases typically proceed to a grand jury, which reviews evidence to determine if probable cause exists for formal charges. If the grand jury issues an indictment, the case moves to district court.
An arraignment follows, where the defendant is formally charged and enters a plea (usually not guilty, guilty, or no contest). The court ensures the defendant has legal representation, appointing counsel if necessary.
The pre-trial phase involves discovery and motions. Under the Michael Morton Act (Code of Criminal Procedure Article 39.14), the prosecution must share relevant evidence with the defense upon request.5Texas Legislature Online. Texas Code of Criminal Procedure Art. 39.14 – Discovery Both sides may file pre-trial motions, such as motions to suppress evidence obtained illegally or challenge the indictment.
If plea negotiations fail or are rejected, the case proceeds to trial. Defendants have a right to a jury trial. Twelve jurors are selected (voir dire), and the trial begins with opening statements. The prosecution presents its evidence, followed by the defense. After closing arguments, the judge instructs the jury on the law. The jury must reach a unanimous verdict. An acquittal ends the case; a guilty verdict moves it to the punishment phase.
Probation and Other Alternatives
Instead of direct incarceration for a third-degree felony possession charge, Texas law allows for alternatives like community supervision, commonly known as probation. Governed by Chapter 42A of the Code of Criminal Procedure, this involves placing a defendant under court supervision with specific conditions.6Texas Legislature Online. Texas Code of Criminal Procedure Chapter 42A – Community Supervision
Deferred adjudication community supervision is a significant option. Under Article 42A.101, a judge can defer finding guilt after a guilty or no contest plea if it serves justice. The defendant is placed on supervision for up to ten years. Successful completion results in dismissal of the charges under Article 42A.111, avoiding a final felony conviction. Eligibility depends on the judge’s discretion and statutory limitations.
Whether on standard probation or deferred adjudication, individuals must follow court-ordered conditions. These often include regular reporting to an officer, paying fees, maintaining employment, avoiding crime, abstaining from drugs (verified by testing), and potentially completing community service or substance abuse treatment. Violating conditions can lead to revocation of probation or adjudication of guilt for those on deferred status, potentially resulting in the original sentence.
Specialized programs offer other paths. Drug courts, established under Government Code Chapter 123, provide intensive, court-supervised treatment for offenders whose crimes stem from substance abuse.7Texas Legislature Online. Texas Government Code Chapter 123 – Drug Court Programs Successful completion can lead to charge dismissal. The Substance Abuse Felony Punishment Facility (SAFPF) offers a secure, prison-based therapeutic program for individuals assessed as chemically dependent, often as a condition of community supervision. It involves months of structured treatment followed by transitional care.
Collateral Consequences
A final felony conviction for possessing 1-4 grams of a PG 1/1-B substance triggers collateral consequences – civil penalties and disadvantages beyond the court’s sentence. These can impact life long after supervision ends.
Employment, especially in licensed professions, can be affected. The Texas Occupations Code allows licensing boards to deny, suspend, or revoke licenses based on felony convictions related to the occupation.8Texas Legislature Online. Texas Occupations Code Chapter 53 – Consequences of Criminal Conviction A felony drug conviction often poses significant barriers. Even without licensing requirements, many employers conduct background checks, hindering job prospects.
Firearm rights are curtailed. Texas Penal Code Section 46.04 prohibits firearm possession by felons until five years after release from confinement or supervision, and even then, typically only at home. Federal law (18 U.S.C. Section 922(g)(1)) imposes a broader lifetime ban for anyone convicted of a crime punishable by over a year’s imprisonment, effectively resulting in permanent loss of firearm rights.9Legal Information Institute (Cornell Law School). 18 U.S. Code § 922 – Unlawful Acts (g)(1)
Voting rights are temporarily lost. Under Texas Election Code Section 11.002, eligibility is suspended during incarceration, parole, or supervision but automatically restored upon full discharge of the sentence, after which re-registration is required.10Texas Secretary of State. Effect of Final Felony Conviction on Voter Registration Holding public office generally requires a pardon or release from felony disabilities.
Access to housing may be limited. While private landlords vary, eligibility for federal housing assistance can be denied based on drug convictions, subject to local Public Housing Agency policies and federal guidelines encouraging consideration beyond just the conviction.11U.S. Department of Housing and Urban Development (HUD Exchange). Are Applicants With Felonies Banned From Public Housing?
Federal student aid eligibility under the Higher Education Act can be suspended if the drug offense occurred while the student was receiving federal aid.12University of San Diego. Impact of Drug Conviction on Federal Financial Aid Eligibility Other laws allow judges to deny federal benefits, including student aid, for drug convictions.
For non-U.S. citizens, such a conviction carries severe immigration risks under the Immigration and Nationality Act. Many drug convictions make individuals deportable or inadmissible. A felony conviction involving controlled substances often qualifies as a “controlled substance offense” and potentially an “aggravated felony,” leading to mandatory deportation and barring relief.
