May 17, 2023
Did you know that ecstasy (MDMA) is one of the most common club drugs in Texas? PCP and Adderall are also high up on the list of abused substances.
Aside from their addictive nature, one thing that all these drugs have in common is that they can all lead to a Poss CS PG 2 charge.
What does that mean, and what are the possible penalties? That’s what we’ll cover in this article.
What Does Poss CS PG 2 Mean?
In Texas, Poss CS PG 2 is an abbreviation for “Possession of a Controlled Substance in Penalty Group 2,” which is usually a hallucinogen.
That’s a violation of section 481.116 of the Texas Health and Safety Code, and it comes with serious legal consequences. After all, the penalties can go up to a term of 5–99 years and a fine of $50,000!
What Are the Penalties for Drug Possession in Texas’ Penalty Group 2?
Not all Poss CS PG 2 charges are equal, though. The felony classification depends on the amount of controlled substance in possession.
Here’s how the penalties escalate according to the confiscated drug amount:
Less Than 1 Gram
If the possessed amount (diluents and adulterants included) weighs less than 1 gram, the offense is then considered a state jail felony.
Although the “state jail felony” label isn’t as severe as others on this list, it could still lead to up to 2 years of jail time and a fine of $10,000.
1–4 Grams
Once the controlled substance crosses the 1-gram mark, the offense shifts from a state jail felony to a third-degree felony.
In this case, the person could serve up to 10 years of prison time and pay a fine of $10,000. Best case scenario in terms of sentencing? That would be 2 years of imprisonment.
This penalty remains the same for all amounts under 4 grams.
4–400 Grams
Possession of 4 grams or more is a second-degree felony as long as the amount is less than 400 grams. This violation of section 481.116 puts you at risk of a 20-year sentence and a fine of $10,000.
400 Grams or More
What if someone is charged with possession of 400 grams or more of a Penalty Group 2 controlled substance?
Well, in that case, they could be facing between 5 and 99 years of imprisonment. Plus, the fines could go up to $50,000.
That sounds bad, but it’s better than PG 2 manufacturing or delivery charges. Those can come with hefty $100,000 fines under section 481.113.
What Are the Penalty Group 2 Drugs?
If you go over section 481.103 of the Texas Health and Safety Code, you’ll find a long, detailed list of all the compounds that fall under the PG 2 umbrella.
However, if you don’t feel like going over complex chemical nomenclature, you can check out this list of the most common PG 2 drugs:
- Amphetamine (Adderall)
- Benzo Fury
- Cathinones or bath salts
- Dronabinol
- Ethylamine analog of phencyclidine (PCE)
- Pyrrolidone analog of phencyclidine (PCP)
- Ecstasy or Molly (also known as MDMA)
- Psilocin (found in psychedelic mushrooms)
- Mephedrone (also known as M-Cat)
- Methaqualone (ludes or sopers)
This list actually includes some drugs that have legitimate medical uses. Nevertheless, these drugs can be addictive, hence the possession charges and penalties for possession without a valid prescription.
Take amphetamines, for instance. Those might be prescribed for ADHD. However, if taken recreationally, they can create a stimulant high.
Similarly, dronabinol can be helpful for nausea in patients undergoing chemotherapy, but it’s still a synthetic tetrahydrocannabinol (THC) that could be abused.
Is Penalty Group 2-A Different From Penalty Group 2?
Yes, while Penalty Groups 2 and 2-A are similar, they’re not the same in the eyes of the law.
The main distinctions to note here are the type of drugs included in the group and the associated penalties.
Drug Range
Penalty Group 2-A is mostly known for covering synthetic cannabinol derivatives, which are sometimes referred to as “k2” or “spice” drugs.
These man-made drugs can be found in e-cigarettes, pipes, or other recreational products, and the top compounds included on the PG 2-A list are:
- HU-210
- HU-211
- CP-47,497
- CP-55,940
- EG-018
- JWH-018
- JWH-030
- JWH-171
- JWH-337
- JWH-344
In section 481.1031, you can find more controlled substances that all have effects similar to THC. Some of them can even be more potent than traditional marijuana because they have a higher receptor-binding affinity.
Possession Penalties
While both PG 2 and PG 2-A come with the same manufacturing and delivery penalties, they don’t share the same possession (Poss CS) offenses.
For instance, possession of anything under 2 ounces is a class B misdemeanor. Even if the amount exceeds 2 ounces, it’s still a class A misdemeanor as long as it’s not more than 4 ounces.
On the other hand, you don’t get any misdemeanors with the drugs in PG 2, no matter how little the amount is.
That said, there are still some felonies on the line with a Poss CS PG 2-A charge.
Here’s a rundown of the offenses associated with possession of anything more than 4 ounces of a PG 2-A drug:
- State Jail Felony: more than 4 ounces but under 5 pounds
- Third-Degree Felony: 5 pounds or more (less than 50 pounds)
- Second-Degree Felony: 50 pounds or more (less than 2,000 pounds)
It’s worth noting that the possession of anything 2,000 pounds or more comes with a risk of 5–99 years of imprisonment and a fine of up to $50,000.
Get Help For Your Defense Against a Penalty Group 2 Charge
If you’re facing a Poss CS PG 2 charge, you’ll need the help of experienced criminal defense lawyers in Texas because, regardless of the amount, there are felonies and jail/prison time on the line.
Even possession of PG 2-A drugs can be considered a felony if the amount is large enough.
For more information, call 713-470-4097 and get the legal help you need today from Napier Law Firm.