Penalty Group 3 Drug Possession in Texas
Penalty Group 3 lists substances such as alprazolam and methylphenidate. Under 28 grams is a Class A misdemeanor; larger amounts are felonies. Texas Defense Team represents people charged with possession, and a free consultation is available.
What Is Possession of a Penalty Group 3 Substance?
What does §481.117 prohibit?
Under Health & Safety Code §481.117, a person commits an offense by knowingly or intentionally possessing a controlled substance listed in Penalty Group 3, unless the person obtains it directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice. Penalty Group 3 is defined in §481.104. It includes methylphenidate and several depressants, among them alprazolam, clonazepam, diazepam, lorazepam, tramadol and zolpidem.
Which weight counts, and what is the prescription exception?
The weight that sets the grade is the aggregate weight, including adulterants or dilutants. The prescription exception matters here: the statute does not reach a person who obtained the substance under a valid prescription, and a lawyer can review whether the paperwork and the pills match.
Sources: Texas Health & Safety Code §§481.104, 481.117 (official statute text). Verified October 16, 2026.
- Tex. Health & Safety Code §481.117 — Possession of a substance in Penalty Group 3
- Tex. Health & Safety Code §481.104 — Penalty Group 3 substances
What Are the Penalties for Penalty Group 3 Possession by Weight?
As written in §481.117:
What is the penalty at each weight?
| Weight | Grade and range |
|---|---|
| Less than 28 grams | Class A misdemeanor (up to one year in jail and a fine of up to $4,000; Penal Code §12.21) |
| 28 grams to under 200 grams | third-degree felony (two to 10 years, fine up to $10,000; §12.34) |
| 200 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 |
Can a drug-free zone raise the lowest tier?
The lowest tier is a misdemeanor, but a drug-free zone can raise it: under §481.134(e), a §481.117(b) offense is a state jail felony if it happened on or within 1,000 feet of school property, a youth center or a playground, or on a school bus. For the higher tiers, the minimum term is increased by five years and the maximum fine is doubled for the same locations (§481.134(c)).
These are statutory ranges, not predictions.
Sources: Health & Safety Code §§481.117, 481.134; Penal Code §§12.21, 12.33, 12.34. Verified October 16, 2026.
Is There a Defense for Calling 911 During an Overdose?
Who can use the overdose 911 defense?
Section 481.117(f) provides a defense to prosecution for the lowest tier (under 28 grams) 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.
Where do I read about other penalty groups?
For other penalty groups, see Penalty Group 1 and Penalty Group 2. If the allegation is delivery or intent to deliver, see our delivery and manufacture guide, 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 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 3 possession of 28 grams or more?+
Twenty-eight grams or more but less than 200 grams is a third-degree felony under Health & Safety Code §481.117(c), punishable by two to 10 years and a fine of up to $10,000 (Penal Code §12.34).
Is possession of a Penalty Group 3 drug under 28 grams a felony?+
Under §481.117(b), possession of less than 28 grams, including adulterants or dilutants, is a Class A misdemeanor: up to one year in jail and a fine of up to $4,000 (Penal Code §12.21). A drug-free zone can raise it to a state jail felony under §481.134(e).
Is possessing alprazolam without a prescription a crime in Texas?+
Alprazolam is listed in Penalty Group 3 (§481.104). Section 481.117(a) makes possession an offense unless the person obtains the substance directly from, or under a valid prescription or order of, a practitioner acting in the course of professional practice.
What drugs are in Penalty Group 3?+
Section 481.104 defines it. It includes methylphenidate and depressants such as alprazolam, clonazepam, diazepam, lorazepam, tramadol and zolpidem, among others. Confirm which group your charge falls under with an attorney.