One full vape cartridge often weighs more than a gram — which is how ordinary consumers end up charged with third-degree felonies in Central Texas.
Charge: Possession of a Controlled Substance, Penalty Group 2, 1–4 grams — Health & Safety Code § 481.116(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
The whole-mixture rule does the damage here: Texas weighs the entire cartridge contents or the entire edible, not the THC. That makes weight methodology the first defense question in every PG 2 case near a bracket line — and makes a single gummy package capable of producing a felony charge that shocks juries when explained. Which is the point: these cases carry disproportion that prosecutors understand, and defended cases resolve accordingly. Search legality (usually an odor-based vehicle search), lab identification, and knowledge round out the defense picture.
Questions we hear about this charge
A single package of gummies is 1-4 grams? How?
The state weighs the entire edible — the candy, not the compound. Challenging the methodology and arguing the disproportion are both standard defense moves.
What outcomes do defended cases get?
Ranging from suppression dismissals to diversion, deferred adjudication, and reductions — driven by the search, the lab, and your history. The 2-10 paper range is the starting point of negotiation, not the destination.
Does a felony charge mean a felony conviction?
No — that’s the entire purpose of the defense. Deferred adjudication alone, properly completed, avoids a final conviction.
Facing a POSS CS PG 2 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.