What Does POSS CS PG 1/1-B <1G Mean in Texas?

In Texas, “POSS CS PG 1/1-B <1G” is shorthand that appears on jail records, court dockets, and criminal complaints. It refers to the criminal charge of possession of a controlled substance in Penalty Group 1 or Penalty Group 1-B, in a quantity of less than one gram.

The acronym decomposes as:

• POSS = Possession
• CS = Controlled Substance
• PG 1/1-B = Penalty Group 1 or 1-B
• <1G = less than one gram

The charge is a state jail felony under Section 481.115(b) of the Texas Health and Safety Code. It carries 180 days to 2 years in a state jail facility and a fine of up to $10,000.

What Does POSS CS PG 1/1-B <1G Mean?

POSS CS PG 1/1-B <1G is the code used on Texas charging documents for possession of a controlled substance listed in Penalty Group 1 or Penalty Group 1-B, in an amount of less than one gram. The substances most commonly charged under this code are cocaine, methamphetamine, and heroin (Penalty Group 1) and fentanyl and its analogues (Penalty Group 1-B). It is a state jail felony in Texas — the lowest tier of felony offense, but a felony nonetheless, with permanent consequences on a conviction.

The Statute and the Punishment

The offense is defined in Texas Health and Safety Code § 481.115(b). The State must prove that the defendant knowingly or intentionally possessed a substance listed in Penalty Group 1 or 1-B, in a quantity of less than one gram including adulterants and dilutants.

A state jail felony differs from a regular prison felony in several ways. There is no parole in state jail — a defendant serves day-for-day. However, judges have broader discretion to grant community supervision (probation) and deferred adjudication, both of which can keep a defendant out of state jail entirely on a first-time charge. Deferred adjudication is particularly significant: if the deferred terms are successfully completed, the case is dismissed and no conviction is entered.

Penalty Group 1 and 1-B Substances

Penalty Group 1 and Penalty Group 1-B carry the same punishment range under § 481.115 of the Texas Health and Safety Code. The distinction is the substances each group covers.

Penalty Group 1 includes:

• Cocaine
• Methamphetamine
• Heroin
• Most opioid pain medications when possessed without a valid prescription (oxycodone, hydrocodone, morphine, oxymorphone, hydromorphone)
• LSD
• MDPV and certain synthetic cathinones (“bath salts”)

Penalty Group 1-B is reserved for fentanyl and its analogues. Texas created the separate 1-B category in response to the surge in fentanyl-related deaths. Charges in this group often involve substance-knowledge defenses unique to the drug class — a defendant who believed they were buying Xanax or Percocet and instead received a pressed fentanyl pill has a defense the State must overcome.

Where This Charge Sits in the Penalty Group 1 Schedule

Penalty Group 1 and 1-B charges scale by weight. The full Texas schedule:

Amount	Offense Level	Punishment Range
Less than 1 gram	State jail felony	180 days to 2 years in state jail, up to $10,000 fine
1 gram to less than 4 grams	Third-degree felony	2 to 10 years in TDCJ, up to $10,000 fine
4 grams to less than 200 grams	Second-degree felony	2 to 20 years in TDCJ, up to $10,000 fine
200 grams to less than 400 grams	First-degree felony	5 to 99 years or life in TDCJ, up to $10,000 fine
400 grams or more	Enhanced first-degree felony	10 to 99 years or life in TDCJ, up to $100,000 fine

The <1G charge — the subject of this page — is the lowest tier in the schedule. Conviction still produces a felony record with all the consequences that follow. For the full breakdown of Texas penalty groups including Penalty Groups 2, 3, and 4, see the Texas penalty groups page. For the sibling penalty group charge, see POSS CS PG 2 in Texas.

After an Arrest: How a Texas Felony Drug Case Moves

A POSS CS PG 1/1-B <1G case in Texas follows a fixed procedural sequence. The pace varies by county and by court — Travis County moves differently from Williamson, Hays from Bell — but the sequence is the same.

Booking. The arrested person goes to the county jail and is photographed, fingerprinted, and screened.

Magistration. Within 48 hours of arrest, the person is brought before a magistrate. The magistrate states the charge, gives the warnings required by Article 15.17 of the Texas Code of Criminal Procedure (right to counsel, right to remain silent, right to terminate any interview, right to an examining trial), and sets bond.

Probable cause finding. A magistrate must find probable cause within 48 hours of a warrantless felony arrest. If the finding does not come in time, the arrested person is entitled to release on a statutory personal bond.

First court setting. The case is assigned to a felony district court. The first setting is typically short and procedural — the defendant appears with counsel, the court confirms representation, and a future court date is set.

Grand jury. A felony cannot proceed to trial in Texas without an indictment unless the defendant waives that right. The grand jury reviews the State’s evidence and returns either a true bill (indictment) or a no-bill (dismissal at the grand jury stage).

Arraignment, motions, and trial. After indictment comes arraignment, then discovery, then pretrial motions — including motions to suppress evidence — then a trial setting. Most cases resolve before trial through dismissal, reduction, or plea agreement, but those outcomes are shaped by how the case is litigated from the start.

In Central Texas, where the firm practices, magistrate’s bond settings vary substantially between Travis, Williamson, Hays, Caldwell, and Bell counties. Counsel at the magistrate’s bond setting is often the difference between release and weeks in jail awaiting an opportunity to argue for reduction.

What Our Attorneys Look at in a POSS CS PG 1/1-B <1G Case

Texas drug possession defenses are not interchangeable across cases. The right strategy is determined by what happened in the stop, the search, and the lab. At intake, the firm obtains the Probable Cause Affidavit, reads it line by line, and identifies the points where the State’s case can be challenged.

Search and seizure. The Fourth Amendment requires that searches be supported by probable cause, a warrant, or a recognized exception. A traffic stop with no reasonable suspicion, a vehicle search without consent or probable cause, or a warrant lacking specificity can take the substance out of the case entirely.

Knowing care, custody, and control. The State must tie the defendant to the substance — not just to the place where it was found. In a vehicle with passengers, a hotel room, or a shared residence, that link is often thinner than it appears in the offense report.

Substance knowledge. Texas law punishes knowing possession of a controlled substance. In fentanyl cases (Penalty Group 1-B), where the defendant believed they had a different drug, this defense becomes especially important. The State must prove the defendant knew what the substance was.

Lab and Confrontation Clause issues. Was the substance correctly identified by an accredited lab? Was the weight measurement correct, including or excluding adulterants and dilutants per § 481.002(49)? Will the State produce the analyst at trial, or attempt to introduce the report through a substitute witness?

Charge level and weight challenges. A weight near the threshold between offense levels (e.g., 0.95 grams) deserves independent lab verification. The difference between <1G (state jail felony) and 1-4G (third-degree felony) is dramatic — and laboratory practice varies.

Consequences of a Drug Possession Conviction

A POSS CS PG 1/1-B <1G conviction produces a felony record. Felony convictions have consequences that follow long after any sentence is served:

• Professional licensing. Medical, nursing, legal, real estate, financial services, and educator licenses are subject to disciplinary review on a felony conviction.
• Employment. Background checks routinely surface felony convictions, including state jail felonies, even decades after the case closed.
• Driver’s license. A felony drug conviction in Texas triggers an automatic 90-day driver’s license suspension under Texas Transportation Code § 521.372(c). An occupational driver’s license may be available during the suspension period under § 521.377(b), and a court-ordered drug education course is typically required for reinstatement.
• Federal student aid. Drug-related convictions can affect eligibility for federal student aid programs.
• Immigration consequences. For non-citizens, a controlled-substance conviction is a deportable offense under federal immigration law. Plea agreements that protect citizenship require specialized review at the plea stage.
• Firearms. Federal law prohibits felons from possessing firearms or ammunition under 18 U.S.C. § 922(g)(1). For probation-eligible defendants, see parole vs. probation for the distinction between supervision types.

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

Frequently Asked Questions About POSS CS PG 1/1-B <1G

What is POSS CS PG 1/1-B <1G?

POSS CS PG 1/1-B <1G is shorthand for the criminal charge of possession of a controlled substance in Penalty Group 1 or Penalty Group 1-B, in a quantity of less than one gram. It is a state jail felony in Texas, defined in Section 481.115(b) of the Texas Health and Safety Code. Penalty Group 1 includes cocaine, methamphetamine, and heroin; Penalty Group 1-B includes fentanyl and its derivatives.

Is POSS CS PG 1/1-B a felony in Texas?

Yes. POSS CS PG 1/1-B is always a felony in Texas, regardless of quantity. The lowest tier — less than one gram (<1G) — is a state jail felony punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. Larger amounts escalate to third-degree, second-degree, and first-degree felonies, with first-degree carrying 5 to 99 years or life in prison.

How much jail time can POSS CS PG 1/1-B <1G carry?

A POSS CS PG 1/1-B <1G conviction in Texas is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000. State jail time differs from prison time — there is no parole, but defendants may be eligible for community supervision (probation) or for deferred adjudication, which can result in no conviction being entered if the deferred terms are successfully completed.

What kind of drug is POSS CS PG 1/1-B?

Penalty Group 1 covers the most heavily controlled substances under Texas law, including cocaine, methamphetamine, heroin, and most opioid pain medications without a prescription. Penalty Group 1-B is a more recent addition created specifically for fentanyl and fentanyl analogues. The two groups carry the same punishment structure but are charged separately because fentanyl-related cases often involve substance-knowledge defenses unique to that drug class.

What is the difference between Penalty Group 1 and Penalty Group 1-B?

Penalty Group 1 and Penalty Group 1-B are listed together in most charging documents because they share an identical punishment range under §481.115 of the Texas Health and Safety Code. The legal distinction is the substances each group covers: Penalty Group 1 includes cocaine, methamphetamine, heroin, and certain opioids; Penalty Group 1-B is reserved for fentanyl, fentanyl-related compounds, and their analogues. Texas created the separate 1-B category to track and prosecute fentanyl offenses distinctly.

What are the most common defenses to POSS CS PG 1/1-B <1G?

Strong defenses to a POSS CS PG 1/1-B <1G charge typically center on Fourth Amendment challenges to the search and seizure, lack of knowing care, custody, or control over the substance, and substance-knowledge defenses — especially in fentanyl cases where the defendant believed they had a different drug. A motion to suppress the evidence, if granted, often results in dismissal because the State cannot prove the case without the substance. In a 2024 first-degree felony case in the 450th Judicial District Court of Travis County, charging manufacture or delivery of a Penalty Group 2 controlled substance, the firm obtained an Order Granting Motion to Suppress on Fourth Amendment grounds; the State filed its Motion to Dismiss seven days later. Every case is fact-specific.

Travis County Results — Past 24 Months

Over the past 24 months in Travis County alone, the firm has obtained the following favorable outcomes:

• 14 felony cases dismissed after charges were filed
• 11 felony cases declined for prosecution at the district court level
• 2 grand jury no-bills
• 18 misdemeanor cases dismissed after charges were filed
• 1 misdemeanor reviewed and declined by the prosecutor

These resolutions span seven Travis felony district courts (the 147th, 167th, 299th, 331st, 427th, 450th, and 460th) and six of the seven Travis County Courts at Law with criminal jurisdiction (Courts #3, #4, #5, #6, #7, and #8), and include cases originated by the Austin Police Department, the Travis County Sheriff’s Office, Pflugerville PD, Cedar Park PD, Lago Vista PD, and the Texas Department of Public Safety.

The firm practices regularly in all nine Travis County felony district courts — the 147th, 167th, 299th, 331st, 390th, 403rd, 427th, 450th, and 460th — and in all seven Travis County Courts at Law with criminal jurisdiction (Courts #3 through #9). The firm also appears regularly in every Williamson County district court and every Williamson County Court at Law, and in Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties.

Past results do not guarantee or predict outcomes in any other case. Each Texas drug case is decided on its own facts, and the difference between dismissal, reduction, and conviction often turns on whether issues with the stop, search, or charging instrument are identified and litigated early.

Charged with Poss CS PG 1/1-B in Texas? Here Is What to Do Next.

If you are reading this because you or someone you care about was just charged, the information above tells you what the charge is. What it does not tell you is what your options are — and that is where it gets important.

A possession charge under Penalty Group 1 or 1-B is serious. Depending on the weight, you are looking at a state jail felony at minimum and a first-degree felony at the top end. But a charge is not a conviction. What happens next depends almost entirely on how the case is handled from the start.

In a 2025 Travis County case in the 427th Judicial District Court, the firm obtained dismissal of a third-degree felony Penalty Group 1/1-B possession charge. In a separate Travis County felony drug case in the 450th Judicial District Court, the firm obtained an Order Granting Motion to Suppress, after which the State filed its Motion to Dismiss seven days later.

Suppression hearings. Illegal stops. Unlawful searches. These are the defenses that actually work in Texas drug cases — and they have to be identified and pursued early, before the case moves forward.

If you were charged with possession of a controlled substance in Central Texas, call us now.

(512) 369-3737 — We answer 24 hours a day. Kenneth Hines and Taylor Kacir answer after-hours calls. You will reach a person.

Free consultation. Flat-rate fees. Criminal defense only.

Law Office of David D. White, PLLC
608 W 12th St, Suite B | Austin, TX 78701
(512) 369-3737 | wm-attorneys.com