At four grams and above, two things change: the range doubles to 2–20 years, and prosecutors start looking for reasons to call it dealing.
Charge: Possession of a Controlled Substance, Penalty Group 1, 4–200 grams — Health & Safety Code § 481.115(d)
Level: Second-degree felony
Range: 2 – 20 years prison, fine to $10,000
Court: District court in the county of arrest
How these cases play out in Central Texas courts
The intent-to-deliver upgrade is the fight that matters at this weight. Scales, baggies, cash, and text messages are the state’s usual intent evidence — each with innocent explanations that juries understand. Keeping the case as simple possession (or beating the search that produced it) is where defense value concentrates. In the five Central Texas counties we practice in, second-degree possession cases typically originate from vehicle searches and warrants — both reviewable: the K-9 sniff’s legality, consent’s voluntariness, warrant affidavit sufficiency. Probation and deferred adjudication remain legally available; the evidence determines the leverage.
Questions we hear about this charge
They found scales — am I getting charged with dealing?
Not automatically, and the upgrade is contestable. Scales and packaging have lawful uses, and intent must be proven, not assumed. Fighting the upgrade (or the search) is often the whole case.
What’s the difference between 481.115 and 481.112 on my paperwork?
§ 481.115 is possession; § 481.112 is manufacture/delivery — much harsher at every weight. If your paperwork says 115, resist any drift toward delivery in plea discussions.
Is 2-20 years realistic for a first offense?
The exposure is real but the typical defended outcome isn’t the top of the range: suppression, reductions, deferred adjudication, and probation all remain on the table depending on the evidence.
Facing a POSS CS PG 1 4G-200G 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.