Poss CS PG 1/1-B 1G Charges: What They Mean and What to Expect
Understand the legal implications, court process, and long-term effects of a Poss CS PG 1/1-B 1G charge in Texas.
A charge for possessing a controlled substance, particularly one designated as “PG 1/1-B under 1 gram” in Texas, can be daunting. While involving small amounts, these charges carry potentially serious consequences under state law. Understanding the classification, legal definitions, and court procedures involved is crucial for anyone facing such an accusation.
Classification for Controlled Substances
Texas law categorizes controlled substances into Penalty Groups based on their potential for abuse and accepted medical use, as outlined in the Texas Health and Safety Code, Chapter 481.1Texas Legislature Online. Health and Safety Code Chapter 481. Texas Controlled Substances Act This system includes Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4, with marijuana regulated separately.
Substances with a high potential for abuse and limited or no recognized medical value typically fall into lower-numbered groups. Penalty Group 1 (PG 1), defined in Section 481.102, includes drugs considered highly dangerous and addictive, such as heroin, cocaine, methamphetamine, oxycodone, hydrocodone, and ketamine.
Penalty Group 1-B (PG 1-B) was specifically created in 2021 via Senate Bill 768 to address fentanyl and its derivatives, detailed in Section 481.1022. This distinct classification highlights the perceived risks associated with this potent synthetic opioid. A charge labeled “Poss CS PG 1/1-B <1G" refers to possessing less than one gram of a substance listed in either PG 1 or PG 1-B.
Legal Definition of Possession
In Texas law, “possession” means exercising care, custody, control, or management over an item. For controlled substances, this typically falls into two categories: actual and constructive possession. Both require proof that the individual knowingly or intentionally possessed the substance.
Actual possession involves direct physical control, such as having the substance in one’s hand or pocket.
Constructive possession applies when the substance is not on the person but in a location they control, like their car or home. Establishing constructive possession requires showing the individual knew the drug was present and had the intent and ability to control it. Simply being near a substance is usually insufficient; evidence must link the person’s awareness and control to the drug.
Penalties and Sentencing
Possessing less than one gram of a Penalty Group 1 or 1-B substance is classified as a state jail felony in Texas, according to Health and Safety Code Section 481.115(b).2FindLaw. Texas Health and Safety Code § 481.115 – Offense: Possession of Substance in Penalty Group 1 or 1-B
The standard punishment range for a state jail felony, outlined in Penal Code Section 12.35, is 180 days to two years in a state jail facility and a potential fine of up to $10,000.3FindLaw. Texas Penal Code § 12.35 – State Jail Felony Punishment Sentences in state jail are typically served day-for-day without eligibility for standard parole, though some credits may be earned.
Certain factors can increase the severity of the charge and potential sentence. Under Penal Code Section 12.425, having two prior state jail felony convictions can enhance a new state jail felony to a third-degree felony, punishable by two to ten years in prison. Using a deadly weapon during the offense or having certain prior felony convictions can also lead to a third-degree felony punishment under Section 12.35(c).
Possessing the substance within a designated “drug-free zone” – typically near schools, playgrounds, or youth centers – also elevates the offense. Health and Safety Code Section 481.134 enhances a state jail felony committed in such a zone to a third-degree felony.
Required Elements of Proof
To secure a conviction, the prosecution must prove several elements beyond a reasonable doubt, the highest legal standard, meaning there is no other logical explanation based on the facts except that the defendant committed the crime. The defendant is presumed innocent.
First, the state must prove the accused exercised “actual care, custody, control, or management” over the substance, meeting the legal definition of possession found in Health and Safety Code Section 481.002(38). This involves demonstrating either actual or constructive possession, often requiring evidence of “affirmative links” connecting the accused to the drugs in constructive possession cases.
Second, the prosecution must establish a culpable mental state – that the possession was “knowing or intentional,” as required by Health and Safety Code Section 481.115(a). This means showing the accused was aware of the substance’s presence and knew it was illegal contraband. Proof often relies on circumstantial evidence, like attempts to hide the substance or behavior during arrest.
Finally, the identity and quantity of the substance must be proven definitively. Forensic analysis and expert testimony are used to confirm the substance is listed in PG 1 or PG 1-B and that its aggregate weight (including any additives) is less than one gram, aligning with the specific charge under Section 481.115(b). Failure to prove any single element beyond a reasonable doubt requires acquittal.
Typical Court Proceedings
Following an arrest for possessing less than one gram of a PG 1/1-B substance, the case proceeds through the Texas criminal court system. Within 48 hours, the accused appears before a magistrate (magistration) as required by Code of Criminal Procedure Article 15.17.4Texas Legislature Online. Code of Criminal Procedure Chapter 15 – Arrest Under Warrant The magistrate informs the accused of the charges, advises them of their rights (including rights to counsel and silence), and sets bail.
As a state jail felony, the case typically requires presentation to a grand jury for indictment unless waived. A grand jury reviews the prosecutor’s evidence to determine if probable cause exists for formal charges.5Texas Legislature Online. Code of Criminal Procedure Chapter 21 – Indictment and Information An indictment, requiring concurrence from at least nine of the twelve grand jurors (Article 20A.301), formally accuses the person and moves the case to District Court.
The next step is arraignment (Chapter 26, Code of Criminal Procedure), where the defendant’s identity is confirmed, and they enter a plea (usually “guilty,” “not guilty,” or “nolo contendere”/no contest) to the indictment.6Texas Legislature Online. Code of Criminal Procedure Chapter 26 – Arraignment A “not guilty” plea advances the case toward trial.
During the pre-trial phase, discovery occurs under Article 39.14 (the Michael Morton Act), requiring the prosecution to share evidence with the defense. Pre-trial hearings (Chapter 28) address legal motions, such as motions to suppress evidence. Plea bargaining, or negotiating a resolution without trial, frequently happens during this stage. If no agreement is reached, the case proceeds to trial, where the defendant can choose between a jury or a judge (bench trial) to decide the verdict based on the evidence presented.
Impact on Criminal Record
A conviction for possessing less than one gram of a PG 1/1-B substance results in a permanent state jail felony record maintained by the Texas Department of Public Safety (DPS) under Government Code Chapter 411, Subchapter F. This felony conviction appears on background checks, potentially creating significant long-term barriers.
Collateral consequences are numerous. Finding employment, especially in licensed professions, can be difficult. Landlords may deny housing based on felony records. While voting rights are restored after completing the sentence (Election Code Section 11.002), federal law (18 U.S.C. Section 922(g)(1)) generally imposes a lifetime ban on firearm possession for those convicted of felonies punishable by more than a year’s imprisonment, which includes Texas state jail felonies. Access to government benefits, financial aid, and professional licenses can also be affected.
Options to clear this record are limited. Expunction, which destroys records, is generally unavailable for convictions unless the person is pardoned or acquitted (Code of Criminal Procedure Chapter 55/55A).
Nondisclosure, which seals the record from public view but not from law enforcement or certain agencies, is governed by Government Code Chapter 411, Subchapter E-1. Eligibility is complex and typically requires successful completion of deferred adjudication community supervision, not a direct conviction and sentence.7Texas Courts. Overview of Orders of Nondisclosure (2024) For most state jail felony convictions under Section 481.115(b), nondisclosure is not an option, leaving the conviction as a lasting part of the individual’s public record, even if a sentence reduction under Penal Code Section 12.44(a) allowed time served in county jail instead of state jail.
