In Texas, possession of a controlled substance in Penalty Group 3 in an amount less than 28 grams is a Class A misdemeanor. A conviction carries up to one year in county jail, a fine of up to $4,000, or both.1State of Texas. Health & Safety Code § 481.117 – Section: Possession of Substance in Penalty Group 32State of Texas. Texas Penal Code § 12.21 It is not a felony, but it is the most serious class of misdemeanor Texas recognizes.
What Penalty Group 3 Includes
Penalty Group 3 is one of the categories the Texas Controlled Substances Act uses to sort regulated drugs. It contains a number of substances that are often prescribed by doctors, including:3State of Texas. Health & Safety Code § 481.104 – Section: Penalty Group 3
- Alprazolam (Xanax)
- Diazepam (Valium)
- Lorazepam (Ativan)
- Certain barbiturates
Possession becomes a crime when you intentionally or knowingly hold one of these substances without a valid prescription or other legal authorization.1State of Texas. Health & Safety Code § 481.117 – Section: Possession of Substance in Penalty Group 3
How the Under-28-Gram Weight Is Measured
The weight the state uses is the aggregate weight, meaning the controlled substance plus any adulterants or dilutants mixed with it.1State of Texas. Health & Safety Code § 481.117 – Section: Possession of Substance in Penalty Group 3 A small amount of the active drug inside a larger pill or liquid can push the total higher than people expect. For the misdemeanor tier, the aggregate must come in under 28 grams; at 28 grams or above, the charge moves into felony territory.
Penalties and What a Conviction Leaves Behind
A Class A misdemeanor conviction can bring:2State of Texas. Texas Penal Code § 12.21
- A fine of up to $4,000
- Up to one year in county jail
- Both a fine and jail time
The record itself is often the longer-lasting problem. A drug conviction stays on your criminal history and can affect job applications, housing, and professional licensing well after any jail sentence or fine is behind you.
Defenses to This Charge
Whether a defense fits depends on the facts of the stop, search, and arrest. The ones that most often apply to a PG 3 possession case include:
- Valid prescription. Texas law allows possession of these substances when they were prescribed to you or to someone in your household. Producing the prescription is often the cleanest resolution.1State of Texas. Health & Safety Code § 481.117 – Section: Possession of Substance in Penalty Group 3
- Illegal search and seizure. If officers found the drugs through a search that violated your rights, such as a warrantless search with no applicable exception, the evidence can be suppressed.4State of Texas. Texas Code of Criminal Procedure Art. 38.23
- Lack of knowledge. The state has to prove you knowingly or intentionally possessed the substance. If the drugs were left behind by someone else in a shared car or space, that element may be missing.1State of Texas. Health & Safety Code § 481.117 – Section: Possession of Substance in Penalty Group 3
- Entrapment. This applies when law enforcement induced you to commit an offense you would not otherwise have committed. Merely giving you the opportunity to commit a crime is not enough under Texas law.5State of Texas. Texas Penal Code § 8.06