Understanding Poss CS PG 3 < 28g Charge in Texas

Facing charges for possession of a controlled substance (Poss CS) from Penalty Group 3 (PG 3) for an amount less than 28 grams in Austin, Texas, can be daunting. Even a small quantity can lead to significant legal consequences under the law, making it vital to understand what you’re up against. At the Law Office of David D. White, PLLC, we acknowledge how stressful and confusing drug charges can be, and we are committed to guiding you through this challenging process and protecting your rights.

In this blog, we’ll explain Poss CS PG 3 < 28g charges, detail the associated penalties, list common drugs in Penalty Group 3, and offer guidance if you face charges in Travis County. These insights are crucial for navigating your case and making informed decisions regarding your defense.

What Does Poss CS PG 3 < 28g Mean Under Texas Law?

Poss CS PG 3 < 28g refers to the offense of possessing less than 28 grams of a controlled substance listed under Penalty Group 3 in Texas, which includes drugs that have accepted medical uses but still have a potential for abuse. These substances are regulated under the state Controlled Substances Act.

According to Texas Health and Safety Code Section 481.117, possessing any amount of a Penalty Group 3 drug without a valid prescription or legal authority is illegal. If you’re found with less than 28 grams, you could face serious legal consequences, especially if this is a repeat offense or if the controlled substance is a commonly abused drug. 

Penalties for Possession of Less Than 28 Grams of a Penalty Group 3 

If you are convicted of poss CS PG 3 < 28g, the penalties can vary depending on the amount found in your possession and your prior criminal record. An experienced Austin criminal defense lawyer can help you navigate these charges and work toward the best possible outcome. For first-time offenders, possession of less than 28 grams is typically charged as a Class A misdemeanor, which carries penalties of:

• Up to one year in county jail
• Fines of up to $4,000

However, if larger quantities are involved or if there are prior offenses, the penalties increase significantly. For example, possession of 28 to 200 grams of a Penalty Group 3 substance is considered a third-degree felony, which can result in 2 to 10 years in prison and fines of up to $10,000. The severity of charges and penalties is outlined in Section 481.117 of the Texas Health and Safety Code, which states that even larger amounts, such as between 200 and 400 grams, can elevate the charge to a second-degree felony.

Penalty groups carry different exposure: at the same one-to-four-gram weight, a Penalty Group 1 charge is a third-degree felony — more serious than a comparable Group 3 case.

Common Drugs in Penalty Group 3

Penalty Group 3 includes prescription medications that have legitimate medical uses but can be abused. Common drugs in this category include:

• Xanax (Alprazolam): Used to treat anxiety and panic disorders.
• Valium (Diazepam): Prescribed for anxiety, muscle spasms, and seizures.
• Steroids (Anabolic): Used for hormone deficiencies but often abused.

Possessing these substances without a valid prescription can lead to criminal charges, even for small amounts.

Legal Defenses for Poss CS PG 3 Charges in Austin, Texas

Being charged with poss CS PG 3 < 28g doesn’t automatically mean you will be convicted of the offense. There are several legal defenses that could be used to challenge these charges in Austin, Texas. Common defenses include:

• Prescription defense: If you had a valid prescription for the controlled substance, you could argue that you were legally in possession of the drug.
• Illegal search and seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search, any evidence found (such as drugs) may be inadmissible in court.

Your defense will depend on the specifics of your case, so it’s essential to consult with a skilled Austin Drug Crime Lawyer who can assess your situation and build a strong legal strategy.

What to Do If You’re Charged with Poss CS PG 3 < 28g in Travis County

If you’ve been charged with possession of a controlled substance in Travis County, your first step should be to contact a criminal defense attorney as soon as possible. Here are some steps you should take:

1. Remain composed: It’s crucial to stay calm and avoid making any statements to law enforcement without a lawyer present.
2. Hire an experienced attorney: A lawyer experienced in drug crimes in Austin will be able to guide you through the process and safeguard your rights.
3. Document everything: Keep records of all interactions with law enforcement and any paperwork related to your case.

The criminal justice system in Texas can be challenging, especially when it comes to drug offenses. Having the correct legal representation is essential to protecting your future.

“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

Why You Need an Experienced Drug Crimes Attorney in Austin

Drug charges, even for possession of less than 28 grams of a Penalty Group 3 substance, can have long-lasting effects on your life. That’s why you need an experienced criminal defense attorney who comprehends the complexities of Texas drug laws. Here’s how they can help:

• Explain Texas drug laws
• Protect your rights
• Negotiate with prosecutors
• Develop a strong defense strategy
• Leverage local court knowledge

Facing Poss CS PG 3 < 28g charges? Let the trusted Austin drug crimes lawyer at the Law Office of David D. White, PLLC. Call (512) 369-3737 to discuss your situation today.

Charged with Possession of a Controlled Substance PG3 in Texas?

A PG3 possession charge — Xanax, Valium, anabolic steroids, other Schedule IV substances — can be a misdemeanor or a felony depending on the amount. Either way, the stop and search that led to the charge can be challenged.

David White has defended drug possession charges across all penalty groups in Travis, Williamson, and Hays County courts for 22 years. Free consultation.

(512) 369-3737 — We answer 24 hours a day.

For the complete breakdown of all seven Texas controlled-substance penalty groups, see our Texas Drug Penalty Groups guide.