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LIBRARY Vol. 12 4 min read

Texas charges

POSS CS PG 2 in Texas: substances, weight, and charge levels

Learn what Penalty Group 2 means, how its weight brackets differ from PG 1, and why some THC-related cases are not marijuana-possession cases.

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Contents

PG 2 names the drug group, not the felony degree

A booking abbreviation such as “POSS CS PG 2” generally refers to possession of a controlled substance in Texas Penalty Group 2. The group number is not the offense degree. A PG 2 case can fall into several felony levels depending on the alleged aggregate weight and applicable law.

Start with the full entry: possession or another allegation, the penalty group, the weight bracket, and the stated degree. A shortened screenshot may omit the detail that explains the classification. The entry describes an accusation; it does not establish that the person knowingly possessed an unlawful substance.

What is included in Penalty Group 2?

Health and Safety Code § 481.103 lists substances including MDMA, often called ecstasy, and psilocybin. It also covers certain tetrahydrocannabinols, or THC, other than marihuana, subject to applicable statutory exclusions. The precise substance and legal definition matter more than a product’s street name.

An edible, concentrate, or vape product can raise different classification questions from marijuana plant material. Do not assume every THC-related product is treated as misdemeanor marijuana possession, or that every item sold in a store is automatically lawful. Composition, testing, legal exceptions, and the law applicable to the alleged offense all need individual review.

PG 2 possession weight brackets

Section 481.116 governs the possession offense summarized here. It generally requires knowing or intentional possession without an applicable lawful exception. Its weight brackets are not identical to the PG 1 brackets: the second-degree range for PG 2 extends from 4 grams up to, but not including, 400 grams.

PG 2 possession under § 481.116
Alleged aggregate weightOrdinary classification
Less than 1 gramState jail felony
1 gram or more, but less than 4 gramsThird-degree felony
4 grams or more, but less than 400 gramsSecond-degree felony
400 grams or moreFirst-degree felony with a special maximum fine

At 400 grams or more, the range is 5–99 years or life in prison and a possible fine up to $50,000. Weight includes adulterants and dilutants under the statute. Enhancements may apply; these are not bail amounts.

Source: Texas Health and Safety Code, Chapter 481 — Controlled Substances Act

Compare Texas misdemeanor and felony levels

Product labels do not answer every legal question

The milligrams printed on packaging should not be used to calculate the charge level without legal review. The statute’s aggregate-weight rules and the laboratory identification are important. A label, receipt, or online product description alone cannot establish which possession provision applies.

If records already exist, preserve the original packaging information, receipts, or photographs for the attorney to review. Do not alter records or try to conduct your own legal classification based on internet comparisons. Counsel can explain how the evidence, statutory definitions, and any lawful exceptions relate to the allegation.

PG 2, PG 2-A, and marijuana are different entries

Penalty Group 2-A is a separate category with a separate possession statute, § 481.1161. Marijuana possession is addressed in § 481.121 and uses different weight brackets. An entry that adds “-A” or identifies marihuana should not be read using this PG 2 chart.

Manufacture, delivery, and possession with intent to deliver can also involve different rules. Ask for the exact charge wording before comparing cases. An attorney can determine whether the allegation is simple possession, a different offense, or a charge affected by additional enhancements.

Read the marijuana possession guide

Preparing for bond and the next court step

For a bond request, gather the person’s name, date of birth, jail location, and the bond amount actually set for every listed charge. Tell the agent about any other holds shown in the record. Do not use the possible statutory fine as the bond amount on an application.

Keep the bond paperwork separate from the legal questions for counsel. Ask the office for its fee breakdown and ask the attorney about the charge, deadlines, and conditions. Release does not end the case, and a pending laboratory issue does not excuse missing a court setting.

Understand bail costs and payment questions

YOUR NEXT STEP

Put the information to work.

Have the person’s name, date of birth, and jail information ready. Share what you know and an agent can help explain the next step.

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