Texas Health & Safety Code § 481.115 – Possession of Controlled Substance in Penalty Group 1
Table of Contents
Statutory Text:
(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 1.
(b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is less than one gram.
(c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is one gram or more but less than four grams.
(d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is four grams or more but less than 200 grams.
(e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is 200 grams or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is 400 grams or more.
What Is Considered Possession Under Texas Law?
Possession under this statute means actual care, custody, control, or management of a substance. It is not limited to drugs in your pocket. Items found in your car, home, or backpack may also count as possession under Texas law.
Penalty Group 1 Drugs (Common Examples)
Cocaine
Heroin
Methamphetamine
Fentanyl
Oxycodone (without prescription)
Hydrocodone (high-dose formulations)
These are considered highly addictive and dangerous substances, leading to the most severe penalties under state drug laws.
Example Scenario
Police pull over a driver for erratic driving. A subsequent search finds a small baggie of methamphetamine in the center console. The bag weighs 0.6 grams. The driver can be charged under § 481.115(b) for a state jail felony.
If the amount had been 5 grams, the charge would increase to a second-degree felony under § 481.115(d).
When This Law Applies
This statute is commonly charged when:
A person is pulled over for DUI and found with drugs in the car
A person is arrested with a personal-use amount of heroin, meth, or cocaine
A controlled substance is discovered during a traffic stop, house search, or after a vehicle accident
A DUI blood draw reveals opioids, even without alcohol present
Related Statutes
§ 481.112 – Manufacture or Delivery of Controlled Substance
§ 481.121 – Possession of Marijuana
§ 49.01 – Definitions (intoxication)
§ 49.07 – Intoxication Assault
§ 49.08 – Intoxication Manslaughter
Texas Case Law Interpreting § 481.115
Clarified that possession requires more than presence. Defendant must have knowledge and control over the substance.
Clarified that possession requires more than presence. Defendant must have knowledge and control over the substance.
Held that possession in a shared space (e.g., glove box, bedroom) can still be charged if control is established.
Frequently Asked Questions About § 481.115
Houston Personal Injury Lawyer - Joel A. Gordon
It is a state jail felony punishable by 6 months to 2 years in a state jail facility and a fine up to $10,000.
Yes. If the state can show you had care, custody, or control over the substance, you can be convicted.
Yes. It frequently appears when someone is arrested for driving under the influence of controlled substances like meth or opioids.
Possibly. Alternatives include drug diversion courts, suppression of illegal searches, or proving lack of knowing possession.