Possession of Controlled Substance PG 1 Less Than 1 Gram: San Antonio Defense

San Antonio PG 1 < 1g Possession Lawyer

If police arrested you for possessing less than a gram of a controlled substance in San Antonio, you are facing a felony charge—even for a very small amount of drugs. In Texas, this offense is formally known as Poss. CS PG 1<1G, and it is one of the most common felony drug charges filed in Bexar County. As a San Antonio drug attorney who handles less-than-a-gram cases regularly, Genaro R. Cortez understands the stakes and knows how to fight for the best possible outcome.

Whether you were caught with a small amount of cocaine, heroin, methamphetamine, or oxycodone, the consequences of a conviction can follow you for years. A felony on your record can cost you your job, your right to own a firearm, and future opportunities. That is why speaking with an experienced San Antonio drug defense attorney as soon as possible is critical.

What is Poss. CS PG 1<1G in Texas?

Poss. CS PG 1<1G stands for “Possession of a Controlled Substance, Penalty Group 1, Less Than One Gram.” It is a simple drug-possession crime under the Texas Health and Safety Code § 481.115. The charge applies when police find a person in possession of less than one gram of a drug listed in Penalty Group 1, which includes cocaine, heroin, methamphetamine (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.

To illustrate, many people arrested on a Poss. CS PG 1<1G charge in San Antonio are first-time offenders who were stopped during a routine traffic stop or a search in Bexar County. Understanding that this is a charge focused on personal use—not distribution—is important because it opens the door to several favorable defense options that an experienced San Antonio drug attorney can pursue on your behalf.

What are the penalties for Poss. CS PG 1<1G in Texas?

Poss. CS PG 1<1G is classified as a state jail felony—the lowest level of felony in Texas, but still a felony with serious consequences. Here is what you need to know:

Key Points to Know about Poss. CS PG 1<1G in Texas:

• 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.

A San Antonio drug attorney who handles less-than-a-gram cases can help you explore alternatives to avoid these life-altering consequences.

Options for First-Time Drug Offenders in San Antonio

If you have a clean record and this is your first arrest for possession of less than a gram, Texas law provides several pathways that a skilled drug defense attorney in San Antonio can pursue to protect your future.

1. Mandatory Probation for First-Time Simple Possession

Under Tex. Code Crim. Proc. Ann. § 42A.551(a), a judge must suspend the jail sentence and place a first-time offender on probation for simple drug possession cases. This is not discretionary—the law requires it for eligible defendants. Even if you have a prior record, a judge still has the authority to grant probation, but your chances will depend on your criminal history and the specific judge assigned to your case in Bexar County.

2. Pre-Trial Diversion (PTD) Programs in Bexar County

Many San Antonio prosecutors will offer pre-trial diversion to first-time offenders charged with Poss. CS PG 1<1G. A PTD program typically requires you to complete drug education classes, perform community service hours, and stay out of trouble for a set period. The key benefit of completing a PTD program is that you can ask a judge to expunge your record entirely, meaning the arrest and charge can be erased as though they never happened. This is one of the strongest outcomes a San Antonio drug attorney can help you achieve in a less-than-a-gram case.

3. Tex. Penal Code 12.44 Reduction: Getting a Misdemeanor Sentence for a Felony Charge

Under Tex. Penal Code Ann. § 12.44, a judge can reduce your punishment from a state jail felony range to a Class A misdemeanor range. Instead of facing 180 days to 2 years in state jail, you would face 0 to 365 days in county jail. In practical terms, this means a misdemeanor-level jail sentence for a felony drug charge.

There is an important catch: under § 12.44(b), only the prosecutor can request a 12.44 reduction. The judge cannot do it on their own. The judge also has the discretion to approve or deny the request based on whether it “serves the ends of justice.”

However, 12.44 plea deals are common in Bexar County, especially when a defendant is in the Bexar County Jail and the prosecution wants to clear space. An experienced San Antonio drug defense attorney knows when and how to negotiate for a 12.44 deal to get the best result.

Video on Simple Drug Possession in Texas.

Why Hire Genaro R. Cortez as Your San Antonio Drug Attorney?

Poss. CS PG 1<1G is a serious charge because it is a felony—but Texas law gives defendants real options to resolve these cases without suffering the full consequences of a felony conviction. Attorney Genaro R. Cortez has defended clients throughout San Antonio and Bexar County on less-than-a-gram drug charges. He understands the local court system and he uses that experience to pursue the strongest possible outcome for each client.

Whether the goal is a full case dismissal, entry into a diversion program, a 12.44 reduction, or an acquittal at trial, Attorney Cortez will evaluate every angle of your case and build a defense strategy tailored to your situation.

Arrested for Possession of Less Than a Gram in San Antonio? Call Now.

If you or a loved one has been charged with Poss. CS PG 1<1G in San Antonio, Bexar County, or anywhere in South Texas, do not wait to speak with a qualified defense attorney. The earlier you get legal representation, the more options may be available to protect your record and your future.

Contact the Law Office of Genaro R. Cortez, PLLC for a free consultation.