POSS CS PG 1 One to Four Grams in Central Texas — Penalties & Defenses

The 1-to-4-gram bracket moves a PG 1 possession case from state jail territory into true felony range — 2 to 10 years. The good news: the bracket lines themselves are one of the most attackable parts of the case.

Charge: Possession of a Controlled Substance, Penalty Group 1, 1–4 grams — Health & Safety Code § 481.115(c)

Level: Third-degree felony

Range: 2 – 10 years prison, fine to $10,000

Court: District court in the county of arrest

How these cases play out in Central Texas courts

Texas weighs the entire mixture, adulterants and all — so where your case sits relative to the 1-gram and 4-gram lines can be a lab question, not a fact. Independent re-weighs and analysis reviews move borderline cases down a bracket. Beyond weight: the stop and search (most Central Texas cases start with a traffic stop), the field test’s reliability, and constructive-possession arguments when drugs were found in a shared car or home. Third-degree cases in our five counties remain probation-eligible for most first felony defendants, and deferred adjudication avoids a final conviction.

Questions we hear about this charge

The drugs weren’t mine — the car wasn’t even mine. Does that matter?

Very much. The state must link you to the drugs with ‘affirmative links’ — proximity alone isn’t legally enough. Shared vehicles and multi-occupant cases are genuinely defensible.

Can the weight be re-tested?

Yes — the defense can obtain independent analysis. Because mixtures and packaging affect weight, bracket-line cases (right at 1g or 4g) deserve a re-weigh as a matter of course.

What’s the best realistic outcome?

Depending on the stop and the lab: outright suppression and dismissal, diversion, deferred adjudication, or a reduced charge. A 2-10 range on paper doesn’t mean prison in practice for defended first offenses.

Facing a POSS CS PG 1 1G-4G charge?

The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.

General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.

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