What Does POSS CS PG 3 <28 GRAMS Mean?
People see “POSS CS PG 3 <28 GRAMS" on a court document or jail record and want to know what it means.
- POSS = Possession
- CS = Controlled Substance
- PG 3 = Penalty Group 3
- <28 GRAMS = less than 28 grams
The charge is possession of a controlled substance in Penalty Group 3, in a quantity of less than 28 grams.
The statute and the punishment
The offense is defined in section 481.117(b) of the Texas Health and Safety Code. The punishment is a Class A misdemeanor: up to one year in county jail and a fine of up to $4,000.
Penalty Group 3 substances
Penalty Group 3 includes certain prescription drugs such as benzodiazepines (Xanax, Valium), certain stimulants, and anabolic steroids. Many Penalty Group 3 cases involve prescription medications possessed without a valid prescription.
Where this charge sits in the Penalty Group 3 schedule
| Amount | Offense level | Punishment range |
|---|---|---|
| Less than 28 grams | Class A misdemeanor | Up to 1 year county jail |
| 28 grams to less than 200 grams | Third-degree felony | 2 to 10 years TDCJ |
| 200 grams to less than 400 grams | Second-degree felony | 2 to 20 years TDCJ |
| 400 grams or more | Enhanced first-degree felony | 5 to 99 years or life TDCJ |
This charge is highlighted. See Texas controlled substances by penalty group for the full schedule and other penalty groups.
If your loved one has been arrested for this charge, read If Your Loved One Has Been Arrested.
For how this kind of case is defended, see Five Common Defenses in Possession Cases (and One Bennett Special).