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POSSESSION OF A CONTROLLED SUBSTANCE PENALTY GROUP 2

 

Mere possession of a controlled substance listed under penalty group 2 is a felony offense in Texas. The most common penalty group two substance is:  

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  • Tetrahydrocannabinol (Marihuana wax or oil or Vape Pen Cartridge

 

You may also see Penalty Group 2 charges abbreviated as "PCS PG2" or "PCS CS PG2" or even "Poss CS PG2"  These are all short hand versions of Possession of a Controlled Substance Penalty Group 2 under the Texas Health and Safety Code Section 481.116 Texas does not authorize a valid prescription for THC products including THC-A, Delta - 8, Delta - 9, Delta 10, and other forms of THC under penalty group 2.  The law on this topic is changing and is continually being challenged by marijuana advocacy groups and distributors.  ​

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Here is the language of the Texas Statute making it illegal to possess a controlled substance in penalty group 2. 

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Sec. 481.116. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in Penalty Group 2, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.​

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Sec. 481.103. PENALTY GROUP 2. (a) Penalty Group 2 consists of: . . . Tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as: 

delta-1 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-6 cis or trans tetrahydrocannabinol, and their optical isomers;

delta-3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; or

compounds of these structures, regardless of numerical designation of atomic positions, since nomenclature of these substances is not internationally standardized;  

 

​The phrase "regardless of numerical designation of atomic positions" is what many jurisdictions including Montgomery County are using to make arrests on THC charges even though the substance is characterized by the designation Delta-8 and may be specifically Approved by the Texas Administrative Code.  A lawsuit and temporary injunction have removed Delta-8 from the list of controlled substances.  This may mean that you can win your THC case, but it doesn't mean you will not be arrested charged and forced to go to court or be on bond conditions for a Possession of a Controlled Substance Penalty Group 2 case. ​​​​​​​​​​​​​

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Punishment Ranges for Possession of a Controlled Substance Penalty Group 2 in Texas

Penalty group two charges start at the State Jail Felony Level with a minimum punishment of 6 months in a State Jail Faicility and go as high as Special First Degree with a minimum of 10 years in prison.​

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PCS PG2 < 1Gram

State Jail Felony

6 months to 2 years State Jail

PCS PG2 W/INTENT
< 1Gram

State Jail Felony

6 months to 2 years State Jail

PCS PG2 1-4 Grams

3rd Degree Felony

2-10 years Prison.

PCS PG2 W/INTENT
1-4 Grams

Second Degree Felony

2-20 years Prison

PCS PG2 4-400 Grams

Second Degree Felony

2-20 years Prison

PCS PG2 W/INTENT
4-400 Grams

First Degree Felony

5-99 years or Life Prison

PCS PG2 > 400 Grams

First Degree Felony

5-99 years or Life Prison

PCS PG2 W/INTENT > 400 Gram

First Degree Felony*

10-99 years or Life Prison

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How can I be arrested when I bought my vape at a store?

But what if the vape pen was bought from a legitimate store? Many assume that purchasing a product legally exempts them from prosecution, but this isn't the case. While stores may follow certain regulations, consumers aren't necessarily shielded from legal risks. Law enforcement targets individuals as well as vendors in efforts to control substance use.

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Parents and guardians should educate young people about the risks associated with THC vapes. Law enforcement in areas like Montgomery County often presumes THC presence in vape pens, which can lead to arrests, regardless of actual THC content. Avoiding these products can help prevent legal issues.  You can find out more on our blog post on this topic. 

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District Courts in which your THC case may be filed in Montgomery County, Texas

When you are charged in Montgomery County with possession of a Vape pen or THC cartridge, wax or other THC substance then your case is filed as a felony and will be assigned to one of the following district courts. 

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Bond Conditions when you are arrested for Possession of a Controlled Substance Penalty Group 2

In cases involving potential jail or prison time, a judge may set bail and impose conditions to ensure the defendant appears in court and maintain public safety. When determining bail, the judge considers the following factors:

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1. Bail should be adequate to ensure compliance without being oppressive.
2. The nature and circumstances of the offense, particularly if it involves violence or harm to law enforcement, are assessed.
3. The defendant's ability to pay bail is considered.
4. The safety of the victim, law enforcement, and the community is prioritized.
5. The defendant's criminal history, including past failures to appear in court, is reviewed.
6. The defendant's citizenship status is also taken into account.​​

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To find out more about conditions of bond check out our page on Bond Conditions. 

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