PG 1-B is Texas’s fentanyl group, split out by the Legislature in 2023. If your paperwork shows 1/1-B, the alleged substance is fentanyl or an analogue — and you should know both the heightened attention these cases get and the specific defenses they carry.
Charge: Possession of a Controlled Substance, Penalty Group 1-B (fentanyl), less than one gram — Health & Safety Code § 481.1151(b)(1)
Level: State jail felony
Range: 180 days – 2 years state jail, fine to $10,000
Court: District court in the county of arrest
How these cases play out in Central Texas courts
Central Texas prosecutors treat fentanyl dockets as a priority, and delivery allegations carry dramatically enhanced exposure. But possession-level fentanyl cases have a defense profile all their own: counterfeit pressed pills mean many defendants genuinely didn’t know fentanyl was present — and knowledge is an element the state must prove. Lab identification of analogues is more technically demanding than standard drug analysis, and trace-weight cases raise the same measurability challenges as any sub-gram charge. Diversion, deferred adjudication, and § 12.44 remain available in the right cases across our five counties.
Questions we hear about this charge
The pills looked like Percocet — I had no idea. Is that a defense?
Potentially the defense. The state must prove knowing possession of a controlled substance, and the counterfeit-pill epidemic makes genuine ignorance credible. Develop it with counsel, not with statements to police.
Is fentanyl possession punished worse than other drugs?
At possession weights, the brackets mirror PG 1 — the heightened treatment shows up in prosecution attention and in delivery cases, where exposure escalates sharply.
Someone overdosed — can I be blamed?
Delivery resulting in death can be prosecuted as murder in Texas. If any overdose connects to your case, treat it as the most serious version of events and involve counsel immediately.
Facing a POSS CS PG 1-B <1G 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.
