PG 3 is the pills group — Xanax, Valium, Klonopin, and similar prescription medications possessed without a valid prescription. Under 28 grams stays a misdemeanor, and it’s one of the most resolvable charges on the Texas books.
Charge: Possession of a Controlled Substance, Penalty Group 3, less than 28 grams — Health & Safety Code § 481.117(b)
Level: Class A misdemeanor
Range: Up to 1 year county jail, fine to $4,000
Court: County Court at Law in the county of arrest
How these cases play out in Central Texas courts
These cases usually begin as something else — a traffic stop, a different investigation — and the pills are the add-on. That origin story matters: the search that found the pills carries the same constitutional requirements as any other, and stacking charges doesn’t strengthen a weak stop. The defense hierarchy: valid prescription (a complete defense — get records to counsel immediately), suppression, then the resolution menu: dismissal, pretrial diversion, deferred adjudication with later nondisclosure. In all five Central Texas counties, first-time PG 3 defendants who act early typically keep their records clean.
Questions we hear about this charge
The prescription is my spouse’s / expired — does that count?
Your own valid prescription is the clean defense. Family-member or expired-prescription facts are mitigation that often still resolves cases favorably — bring the full picture to counsel.
Is 28 grams a lot of pills?
It’s measured by total weight, not pill count — but typical personal quantities fall well under it. Above 28 grams the charge becomes a felony, so weight verification matters near the line.
Can this stay off my record?
Usually — through dismissal, diversion, or deferred adjudication plus nondisclosure. The path depends on county programs and your history; all five counties we practice in have workable options.
Facing a POSS CS PG 3 <28G 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.