What is Poss. CS PG 1<1G in Texas?
Poss. CS PG 1<1G is a simple drug-possession crime in Texas. It means possessing less than a gram of a controlled substance, i.e., a drug, that is listed in Penalty Group 1 of the Texas Controlled Substances Act. Furthermore, the most common types of drugs listed in Penalty Group 1 are Cocaine, Heroin, Meth, and Oxycodone. Critically, possessing even a small amount of these drugs is a felony in Texas.
To add to that, Poss. CS PG 1<1G is also the most common felony-drug crime in Texas. This is because Poss. CS PG 1<1G targets drug users rather than drug dealers. And as we will see below, this feature creates options for anyone arrested on a first-time Poss. CS PG 1<1G charge.
What are the penalties for Poss. CS PG 1<1G?
| Statute | Jail Term | Fine Amount | Probation Possible |
| Tex. Health & Safety Code Ann. Sec. 481.115 (a) | 180 days to 2 years in a state-jail facility. | $0 to $10,000.00. | Yes. |
Poss. CS PG 1<1G is a state-jail felony, which is the lowest level felony in Texas. As the table above shows, this law has the following key features:
- It is a felony that can bar you from possessing a gun or finding a job;
- It carries a minimum jail term of at least 180 days in jail; and
- Probation is possible.
However, Texas law also provides protections for anyone with a clean record facing a first-time simple drug possession charge.
Video on Simple Drug Possession in Texas.
Can you get probation for a first-time Poss. CS PG 1<1G if you have a clean record?
Yes. Tex. Code Crim. Proc. Ann. Sec. 42A.551(a) states that for simple felony drug possession cases, a judge “shall suspend the [jail term] and place the defendant on [probation.]” Equally important, even if you have a prior record, then a judge can still give you probation. But the odds of getting probation will depend on two things if you have priors convictions–your rap sheet and on the judge in your case.
Can you get a 12.44 sentence for a Poss. CS PG 1<1G charge?
Yes. Tex. Penal Code Ann. Sec. 12.44 allows a judge to lower your punishment range from a state-jail felony to a Class A Misdemeanor. In other words, instead of looking at 180 days to 2 years in state jail, the judge can give you between 0-365 days in county jail. In short, the judge gives you a misdemeanor jail term for a felony drug crime.
However, it comes with a catch. Under Tex. Penal Code Ann. 12.44(b), only the prosecutor can make this request. Thus, if the prosecutor does not agree to a 12.44 deal, then the judge cannot give you a misdemeanor jail term. On top of that, the judge has the option to approve a 12.44 plea deal if the deal “serves the ends of justice.”
Nevertheless, 12.44 plea deals are common in Bexar County, Texas. Especially for people who are in the Bexar County Jail. In those cases, prosecutors often make 12.44 plea offers to clear space at the jail.
What are my options if I got arrest for a first-time simple drug charge under Poss. CS PG 1<1G?
For first-time drug offenders, there is good news. Many prosecutors will work with defendants who have a clean record and have a first-time simple drug possession charge. In many cases, the prosecutor may offer pre-trial diversion (PTD). PTD allows a defendant to complete drug classes and perform community service hours. If the defendant completes PTD, then the Defendant can ask a judge to expunge or clear his record.
Simple Drug Possession Defense in San Antonio.
Poss. CS PG 1<1G is a serious crime because it qualifies as a felony. But at the same time, Texas law gives Defendants reasonable options to deal with these types of cases without suffering the true penalties for a felony drug crime. For these reasons, you should speak with a qualified defense attorney to explore your options.