Penalty Group 2 Drug Possession in Texas
Possession of a Penalty Group 2 substance is a felony in Texas at every weight, and the grade depends on the grams alleged. Texas Defense Team represents people charged with possession, and a free consultation is available.
What Is Possession of a Penalty Group 2 Substance?
What does §481.116 prohibit?
Under Health & Safety Code §481.116, a person commits an offense by knowingly or intentionally possessing a controlled substance listed in Penalty Group 2, unless the person obtained it directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. Penalty Group 2 is defined in §481.103. It lists hallucinogenic substances, including MDMA, psilocin and psilocybin, mescaline and others.
Which weight counts?
The weight that sets the grade is the aggregate weight, including adulterants or dilutants.
Sources: Texas Health & Safety Code §§481.103, 481.116 (official statute text). Verified October 16, 2026.
- Tex. Health & Safety Code §481.116 — Possession of a substance in Penalty Group 2
- Tex. Health & Safety Code §481.103 — Penalty Group 2 substances
What Are the Penalties for Penalty Group 2 Possession by Weight?
As written in §481.116:
What is the penalty at each weight?
| Weight | Grade and range |
|---|---|
| Less than 1 gram | state jail felony (180 days to two years, fine up to $10,000; §12.35) |
| 1 gram to under 4 grams | third-degree felony (two to 10 years, fine up to $10,000; §12.34) |
| 4 grams to under 400 grams | second-degree felony (two to 20 years, fine up to $10,000; §12.33) |
| 400 grams or more | life or five to 99 years and a fine of up to $50,000 |
How should I read these ranges?
These are statutory ranges, not predictions. The charging paperwork lists the subsection and the weight alleged.
Sources: Health & Safety Code §481.116; Penal Code §§12.33-12.35. Verified October 16, 2026.
Is There a Defense for Calling 911 During an Overdose?
Who can use the overdose 911 defense?
Section 481.116(f) provides a defense to prosecution for the lowest tier (under one gram) if the person was the first to request emergency medical assistance for another person's possible overdose, made the request during an ongoing medical emergency, stayed until help arrived and cooperated, or was the victim of a possible overdose for which help was requested. Subsection (g) lists when the defense is not available, including when an officer was arresting the person or executing a search warrant at the time of the request, when the person has a prior conviction or deferred adjudication for a drug offense under Chapter 481, 483 or 485, or when the person requested emergency help for an overdose in the prior 18 months.
Source: Health & Safety Code §481.116(f)-(h). Verified October 16, 2026.
What Happens in a Drug-Free Zone, and Where Do I Go Next?
What happens in a drug-free zone?
Under §481.134, a Penalty Group 2 possession offense under §481.116(b) (less than one gram) is a third-degree felony if it happened on or within 1,000 feet of school property, a youth center or a playground, or on a school bus (§481.134(d)). For the higher tiers in §481.116(c) through (e), the minimum term is increased by five years and the maximum fine is doubled for the same locations (§481.134(c)).
What if the allegation is delivery or intent?
A possession charge is different from a delivery charge. If delivery or intent is alleged, see our delivery and manufacture guide. For other penalty groups, see Penalty Group 1 and Penalty Group 3, or our Travis County drug charges page.
This page is general information, not legal advice. Every case is different, and no outcome can be guaranteed.
What to do now
- Find the subsection and the weight alleged in your charging paperwork.
- Note whether the paperwork alleges a drug-free zone.
- If you called 911 during an overdose, tell your attorney: a defense may apply in limited cases.
- Call (512) 599-9000 for a free consultation.
Frequently Asked Questions
What is the penalty for Penalty Group 2 possession under one gram?+
Under Health & Safety Code §481.116(b), possession of less than one gram, including adulterants or dilutants, is a state jail felony: 180 days to two years in a state jail and a fine of up to $10,000 (Penal Code §12.35).
What is the penalty for possessing 4 to 400 grams of a Penalty Group 2 substance?+
Four grams or more but less than 400 grams is a second-degree felony under §481.116(d), punishable by two to 20 years and a fine of up to $10,000 (Penal Code §12.33).
What drugs are in Penalty Group 2?+
Section 481.103 defines it. It includes hallucinogenic substances such as MDMA, psilocin, psilocybin and mescaline. Read the statute or ask an attorney to confirm which group your charge falls under.
Is Penalty Group 2 possession a felony?+
Yes, at every weight tier in §481.116. The lowest tier, under one gram, is a state jail felony; higher weights are third-degree, second-degree or first-degree felonies.