Penalty Group 2’s bracket jumps from 4 grams straight to 400 — a spread so wide that a handful of cartridges and a distribution quantity share the same charge level.
Charge: Possession of a Controlled Substance, Penalty Group 2, 4–400 grams — Health & Safety Code § 481.116(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
That breadth is a defense argument in itself: proportionality inside the bracket drives negotiation, and where your facts sit matters enormously. The state’s usual pressure move at this weight is an intent-to-deliver theory — resisted the same way as in PG 1 cases, by attacking the inference and the search. Edibles and multi-cartridge cases dominate this bracket locally, and whole-mixture weighing plus lab identification (particularly with hemp-derived products in the market) gives the defense genuine technical ground.
Questions we hear about this charge
Six cartridges — same bracket as 300 grams?
Same statutory bracket, wildly different case. Proportionality inside a 4-400g spread is a real argument, and prosecutors know it.
When does this become a delivery charge?
When the state alleges intent — from packaging, quantity patterns, communications. The upgrade roughly doubles exposure, which is why rebutting intent is priority one.
Can these cases be won?
Regularly — on the search, the lab, the weighing methodology, or the intent theory. Second-degree paper exposure is exactly why the defense investment pays.
Facing a POSS CS PG 2 4G-400G 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.