If you are looking at a Texas drug charge, the first thing that decides how serious it is — misdemeanor or felony, months or decades — is which penalty group the substance falls into and how much of it was involved. Texas sorts controlled substances into seven penalty groups under Health & Safety Code Chapter 481, and treats marihuana as its own separate offense. This guide walks through each group, the possession penalty ladder, how medical cannabis fits in as of 2026, and what the shorthand on a charging document actually means.
The Texas Penalty Group System (Chapter 481)
The Texas Controlled Substances Act, codified in Health & Safety Code Chapter 481, assigns each regulated substance to a penalty group. There are seven penalty groups, and each one is defined by its own statute section that lists the substances inside it:
| Penalty group | Defining statute | Examples of what it covers |
|---|---|---|
| Penalty Group 1 | § 481.102 | Cocaine, heroin, methamphetamine, and many opiates and opioids |
| Penalty Group 1-A | § 481.1021 | LSD and related substances |
| Penalty Group 1-B | § 481.1022 | Fentanyl, its analogs, and related opiates |
| Penalty Group 2 | § 481.103 | MDMA (ecstasy) and THC other than statutory marihuana, including many cannabis concentrates |
| Penalty Group 2-A | § 481.1031 | Synthetic cannabinoids (K2/spice-type compounds) |
| Penalty Group 3 | § 481.104 | Benzodiazepines, certain barbiturates, and similar prescription drugs |
| Penalty Group 4 | § 481.105 | Certain low-dose narcotic combination preparations |
Marihuana is not a penalty group. It is defined at § 481.002(26) and possession is charged separately under § 481.121, which is why marijuana penalties work differently from the groups above.
Penalty Group 1 Possession Penalties by Weight (§ 481.115)
Penalty Group 1 is the group behind the common "Poss CS PG 1" charge, and it carries some of the most serious possession consequences in Texas drug law. Under § 481.115, the offense level climbs with the aggregate weight — and "aggregate weight" includes any adulterants and dilutants mixed in, not just the pure drug. That detail matters, because the total mixture is what gets weighed. The current ladder for Penalty Group 1 (and 1-B) possession is:
| Weight | Offense level | Punishment range | Maximum fine |
|---|---|---|---|
| Less than 1 gram | State jail felony (§ 481.115(b); Penal Code § 12.35) | 180 days – 2 years in a state jail | Up to $10,000 |
| 1 to less than 4 grams | Third-degree felony (§ 481.115(c); Penal Code § 12.34) | 2 – 10 years in prison | Up to $10,000 |
| 4 to less than 200 grams | Second-degree felony (§ 481.115(d); Penal Code § 12.33) | 2 – 20 years in prison | Up to $10,000 |
| 200 to less than 400 grams | First-degree felony (§ 481.115(e); Penal Code § 12.32) | 5 – 99 years or life | Up to $10,000 |
| 400 grams or more | Enhanced first-degree felony (§ 481.115(f)) | 10 – 99 years or life | Up to $100,000 |
A fine is a maximum, not a fixed amount, and depending on the offense level, criminal history, and facts, some cases may be eligible for probation or a diversion program. What the charge is on paper is not always what it has to become — how the substance was found, whether the search was lawful, and the weight calculation are all things a defense lawyer examines.
Penalty Group 1-B: Fentanyl
Texas created Penalty Group 1-B in 2021 through Senate Bill 768, which enacted Health & Safety Code §§ 481.1022 and 481.1123 for fentanyl, alpha-methylfentanyl, and fentanyl derivatives. Effective September 1, 2023, House Bill 6 expanded § 481.1022 to reach additional specified opiates, increased several manufacture-or-delivery penalties under § 481.1123, and amended the murder statute (Penal Code § 19.02) so that a person who knowingly manufactures or delivers a Penalty Group 1-B substance can be charged with murder when another person dies from introducing that substance into the body — a change aimed at delivery and overdose-death cases rather than simple possession. Possession of a Penalty Group 1-B substance is charged under § 481.115 using the same weight tiers shown above.
Is Marijuana Treated Differently in Texas?
Yes. Marihuana is charged under its own statute (§ 481.121), separate from the penalty groups, and the rules around cannabis have shifted in recent years.
Medical cannabis — the Compassionate Use Program
Texas does not allow general recreational or smokable marijuana. It does, however, run a limited Compassionate Use Program under Occupations Code Chapter 169 and Health & Safety Code Chapter 487. Qualifying patients whose physicians prescribe low-THC cannabis under the program may lawfully possess it under Texas law when it is dispensed through a DPS-licensed dispensing organization — though cannabis possession remains prohibited under federal law. In 2025, House Bill 46 (effective September 1, 2025) expanded the program — broadening the list of qualifying conditions (adding conditions such as chronic pain, traumatic brain injury, Crohn's disease, and terminal illness), authorizing approved inhalation products or devices (smoking is still not permitted), and tightening the definition of low-THC cannabis. As of September 1, 2025, low-THC cannabis means a product containing no more than 10 milligrams of THC per dosage unit — replacing the former "1% by weight" standard — and each package, container, or inhalation device may hold no more than 1 gram of total THC. This is a narrow, patient-specific program, not a general medical-marijuana card, and it does not authorize recreational use.
Hemp and consumable THC products
Separately, consumable hemp products are regulated under Health & Safety Code Chapter 443. Texas has amended its hemp law repeatedly since the 2019 hemp statute. In 2025 the Legislature passed Senate Bill 3, which would have banned most hemp products containing THC, but Governor Abbott vetoed it on June 22, 2025. The legality of hemp-derived THC in Texas is unsettled and changing: as of 2026 the rules governing what counts as lawful hemp — including how THC is measured and tested — are the subject of ongoing state agency rulemaking and court challenges, and the situation may have changed by the time you read this. Products that do not qualify as lawful hemp can still be prosecuted as controlled substances under Chapter 481. Because this area is in flux, do not rely on this page or last year's understanding — confirm the current rules, and if you are facing a charge, talk to a lawyer about the law in effect on the date of the alleged offense.
Reading a Texas Drug Charge: What the Abbreviations Mean
Charging documents and court dockets use shorthand that can be hard to decode. Here is what the common ones mean:
- Poss CS PG 1 — Possession of a Controlled Substance, Penalty Group 1 (for example cocaine, heroin, or methamphetamine).
- Poss CS PG 1 <1g — the same charge for an amount under one gram, a state jail felony.
- Poss CS PG 1-B — Possession of a Penalty Group 1-B substance (fentanyl and its analogs).
- Man/Del CS PG 1 — Manufacture or Delivery of a Controlled Substance in Penalty Group 1, charged under § 481.112, which is generally more serious than simple possession.
- Poss CS PG 3 <28g — Possession of a Penalty Group 3 substance (such as certain prescription drugs without a valid prescription) in an amount under 28 grams; the base offense is a Class A misdemeanor under § 481.117(b).
- VOP / Poss CS — a Violation of Probation tied to a new possession charge, which can put both the new case and the earlier probation at risk.
Possession vs. Manufacture or Delivery
Possession means knowingly having the substance under your care, custody, or control — either directly (actual possession) or through affirmative links showing you knew of it and controlled it even when it wasn't in your hand (constructive possession). Manufacture or delivery — selling, distributing, or producing — is charged under § 481.112 for Penalty Group 1, with fentanyl (Penalty Group 1-B) offenses charged under § 481.1123, and generally carries steeper penalties than possession because larger quantities and distribution are involved. The weight thresholds and felony levels differ, so the exact section charged matters a great deal.
Federal Drug Schedules
Texas penalty groups are a state-law system. Federal law uses a separate system of five schedules under the Controlled Substances Act, and a substance can be handled differently under each. In broad terms, federal Schedule I covers drugs the government treats as having no accepted medical use and high abuse potential (such as heroin, LSD, and — federally — marijuana), while Schedules II through V step down in restriction. For reference, pregabalin (Lyrica) and qualifying diphenoxylate/atropine preparations such as Lomotil are federal Schedule V substances under 21 CFR § 1308.15. A single case can raise both state and federal exposure, which is one reason charges in this area are worth taking seriously from day one.
If you or a family member is facing a Penalty Group charge in Travis County, Williamson County, or the greater Austin area, the Law Offices of RRK, LLC offers a free, confidential consultation. Attorney Robert Kiesling handles Texas drug-possession and delivery cases and will review the facts of your situation with you and explain your options.
Call 512-436-2779In Summary
Texas groups controlled substances into seven penalty groups under Chapter 481, with marihuana handled separately, and the penalty you face turns on the specific group and the aggregate weight involved. Penalty Group 1 possession runs from a state jail felony under a gram up to an enhanced first-degree felony at 400 grams or more. The law here changes — fentanyl became its own group in 2021, and cannabis rules shifted again in 2025 — so the version of the law that applies to a case is the version in effect at the time. If you are facing a charge, the details of how the substance was found and weighed often matter as much as the label on the citation.
This article provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Statutes and penalties change; this page was last reviewed on July 12, 2026, and specific statute citations should be confirmed against the current Texas Health & Safety Code and Penal Code. For advice about your particular situation, consult a licensed Texas attorney. Prior results do not guarantee a similar outcome.