Most people who find POSS CS PG 3 on their paperwork have no idea what it means, and many are surprised to learn it involves pills at all. A few Xanax without the bottle, a friend's Valium, or steroids bought through someone at the gym is often all it takes.
Sloane Law Firm defends POSS CS PG 3 <28G and Penalty Group 4 charges in Fort Worth and across Tarrant County, and these cases often have real defenses, starting with the prescription.
For a straight answer about what your charge code means, call our office at (817) 810-0088.
Your future is at stake—do not hesitate to contact the Sloane & Routledge Law Firm
What Does POSS CS PG 3 Under 28 Grams Mean on a Bond Sheet?
POSS CS PG 3 <28G means the State accuses you of possessing a Penalty Group 3 controlled substance, with an aggregate weight under 28 grams, without a valid prescription. It is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
The other codes in this group follow the same pattern, with each piece of the code telling you something specific.
Reading the Most Common PG 3 and PG 4 Codes
| Charge code | What it means | Offense level |
|---|---|---|
| POSS CS PG 3 <28G | Possession, Penalty Group 3, under 28 grams | Class A misdemeanor |
| POSS CS PG 3 >=28G<200G | Possession, Penalty Group 3, 28 to 200 grams | Third-degree felony |
| POSS CS PG 4 <28G | Possession, Penalty Group 4, under 28 grams | Class B misdemeanor |
| MAN DEL CS PG 3 | Manufacture, delivery, or possession with intent to deliver, Penalty Group 3 | State jail felony or higher |
Most pill cases land in the first row, since 28 grams adds up to a large number of tablets.
Are Drug Charges Part of the Texas Penal Code?
Drug crimes in Texas are defined in the Health and Safety Code, not the Penal Code. The Penal Code still matters, though, because it sets the punishment ranges those drug offenses use.
- Chapter 481 of the Texas Health and Safety Code, known as the Texas Controlled Substances Act, creates the penalty groups along with the possession and delivery offenses.
- Chapter 12 of the Texas Penal Code sets the jail, prison, and fine ranges for each offense level.
- A Class A misdemeanor carries the same range whether the charge is theft or Xanax possession.
When a bond sheet lists a drug charge, the offense comes from one code and the punishment comes from the other.
Which Drugs Are in Penalty Groups 3 and 4?
Penalty Groups 3 and 4 are made up mostly of prescription medications. Group 3 covers benzodiazepines, certain stimulants, and anabolic steroids, while Group 4 covers medicines that combine a small amount of a narcotic with other active ingredients.
Penalty Group 3 Substances
- Alprazolam (Xanax)
- Diazepam (Valium)
- Clonazepam (Klonopin)
- Lorazepam (Ativan)
- Methylphenidate (Ritalin)
- Anabolic steroids, including testosterone
Xanax Possession Charges in Texas
Xanax cases are common in this group. Without a prescription, a handful of tablets is a Class A misdemeanor. Sharing or selling even one pill moves the case into felony territory under the delivery statute.
Penalty Group 4 Substances
Penalty Group 4 targets low-dose codeine and similar opiate preparations mixed with non-narcotic ingredients, the kind found in prescription cough syrups. Possession under 28 grams is a Class B misdemeanor, the lightest starting point of any Texas penalty group. Because syrups are liquids, one bottle may weigh more than 28 grams and reach the felony tier by itself.
Are Steroids Illegal in Texas?
Anabolic steroids are illegal to possess in Texas without a valid prescription. They are listed in Penalty Group 3, so possession under 28 grams is a Class A misdemeanor and larger amounts are felonies. Selling or sharing steroids is a felony at any weight.
Steroids Bought Online or Through a Gym
Steroid cases often involve vials or tablets ordered online or bought through a contact at a gym. Because Texas counts the full liquid in a vial, a few vials may cross 28 grams faster than people expect.
When a Prescription Covers Steroids
A testosterone prescription from a licensed practitioner covers the medication it names. It does not cover other compounds or quantities beyond what was dispensed.
What Are the Penalties for Penalty Group 3 and 4 Charges?
Possession starts as a misdemeanor in both groups and becomes a third-degree felony at 28 grams. Delivery or possession with intent to deliver is a felony at every weight.
Penalty Group 3 Possession (POSS CS PG 3)
| Charge code and weight | Offense level | Punishment range |
|---|---|---|
| POSS CS PG 3 <28G | Class A misdemeanor | Up to 1 year in county jail, fine up to $4,000 |
| POSS CS PG 3 >=28G<200G | Third-degree felony | 2 to 10 years in prison, fine up to $10,000 |
| POSS CS PG 3 >=200G<400G | Second-degree felony | 2 to 20 years in prison, fine up to $10,000 |
| POSS CS PG 3 >=400G | First-degree felony | 5 to 99 years or life, fine up to $50,000 |
Penalty Group 4 Possession (POSS CS PG 4)
| Charge code and weight | Offense level | Punishment range |
|---|---|---|
| POSS CS PG 4 <28G | Class B misdemeanor | Up to 180 days in county jail, fine up to $2,000 |
| POSS CS PG 4 >=28G<200G | Third-degree felony | 2 to 10 years in prison, fine up to $10,000 |
| POSS CS PG 4 >=200G<400G | Second-degree felony | 2 to 20 years in prison, fine up to $10,000 |
| POSS CS PG 4 >=400G | First-degree felony | 5 to 99 years or life, fine up to $50,000 |
Delivery of a Penalty Group 3 or 4 Substance
- Under 28 grams: state jail felony, 180 days to 2 years and a fine up to $10,000
- 28 to 200 grams: second-degree felony, 2 to 20 years and a fine up to $10,000
- 200 to 400 grams: first-degree felony, 5 to 99 years or life and a fine up to $10,000
- 400 grams or more: 10 to 99 years or life and a fine up to $100,000
Giving a friend a few of your pills counts as delivery under Texas law, even when no money is involved.
Not sure which row describes your case? Call (817) 810-0088 and we will go over the paperwork with you.
How Are Pills and Cough Syrup Weighed in Texas?
Texas weighs the entire pill or the entire liquid, not just the active drug. In liquid cases, that rule may decide whether the charge is a misdemeanor or a felony, so we always check how the lab arrived at its number.
- Counted: fillers, binders, coatings, and the syrup base
- Not counted: the bottle, the blister pack, or any other packaging
- Worth checking: whether pills from separate containers were combined into one weight
Can a Valid Prescription Get a PG 3 or PG 4 Charge Dismissed?
A valid prescription is the strongest defense in a Penalty Group 3 or 4 case. Texas law excludes possession of a substance obtained directly from or under a valid prescription from a practitioner acting in the course of professional practice. If the medication was prescribed to you, the State does not have a possession case for that medication.
In practice, the defense has to come forward with proof, and most cases fall into one of these situations:
- The prescription is yours and current. Pharmacy records, the prescriber's information, and fill dates that match the quantity seized usually resolve the case.
- The prescription is yours but older. The question becomes whether the pills were obtained under that prescription, and fill history often answers it.
- The pills were carried loose. Keeping medication in a pill case instead of the original bottle is common, and the prescription record still matters without the label.
- The pills belong to someone else. A spouse's or parent's prescription does not cover you, but knowledge and control remain elements the State has to prove.
This defense is easy to overlook at the scene, so bring every record you have to our first meeting.
What Other Defenses Apply to a Prescription Drug Charge?
- An unlawful stop or search. Many pill cases begin with a traffic stop, and an extended stop or an unsupported vehicle search may lead to suppression of the evidence.
- No knowing possession. Pills in a shared car, a borrowed bag, or a roommate's medicine cabinet are not automatically yours.
- An unproven pill identity. An officer's visual identification or a pill-lookup app is not the same as a lab analysis.
- Diversion or deferred options. Tarrant County offers programs for some drug cases that may keep a conviction off your record, depending on eligibility.
How Does a PG 3 or PG 4 Case Move Through Tarrant County Courts?
Misdemeanor PG 3 and PG 4 cases are heard in Tarrant County's county criminal courts, and felony-level cases go to the district courts. The path from arrest to resolution usually follows the same stages:
- Arrest, booking, and bond, which may include drug testing even on a misdemeanor
- A filing decision by the Tarrant County Criminal District Attorney's Office
- Discovery, including the lab report and any pharmacy records we submit
- Negotiation, motions, or trial
- Resolution, followed by planning for expunction or nondisclosure when you are eligible
Many first-time misdemeanor pill cases have paths that avoid a conviction, but none of those paths are automatic, and the work starts well before the first court date.
Why Choose Sloane Law Firm for a Prescription Drug Charge?
- Focused on criminal defense. Every case in our office is a criminal case, and drug charges are a leading part of our practice.
- Prescription records, reviewed early. We gather pharmacy and prescriber records at the start, since they often decide these cases.
- Close to the courts. Our office at 933 W Weatherford St puts us minutes from the Tarrant County courthouse.
- Honest answers about your record. We explain what each possible outcome means for expunction and nondisclosure before you decide anything.
Common Questions About POSS CS PG 3 and PG 4 Charges
Is Xanax possession a felony in Texas?
Possessing Xanax without a prescription is a Class A misdemeanor when the aggregate weight is under 28 grams, which covers most personal-use amounts. It becomes a third-degree felony at 28 grams and rises from there. Delivering Xanax, including sharing it with a friend, is a felony at any weight.
What if the pills were prescribed to someone else?
Having another person's prescription medication is still a possession offense, because the prescription exception covers only the person it was written for. That said, the State must prove you knew about the pills and controlled them. A family member's medication found in a shared car or home often raises real questions on both points.
Should I tell police I have a prescription?
Your prescription records will carry more weight coming from your attorney, with pharmacy documentation attached, than from a conversation with an investigator. Once a charge is filed, any statement you make may be used against you, including details about how you got the pills. Gather the records, bring them to us, and let us present them.
Does a PG 3 charge qualify for deferred adjudication or diversion?
Many first-time PG 3 and PG 4 cases may qualify for deferred adjudication or a pretrial diversion program, which may lead to a dismissal and a cleaner record. Eligibility depends on the weight, your history, and the rules of the court handling the case. We review your options before any plea decision.
Your Charge Code Is Not a Verdict
A POSS CS PG 3 or PG 4 charge often comes down to one of three things:
- A prescription record that answers the charge outright
- A lab weight that puts the case in the wrong tier
- A search that did not follow the rules
Call Sloane Law Firm at (817) 810-0088 to have our attorneys look at all three. We are in the office Monday through Friday, 8:00 AM to 4:00 PM. Protecting the Dallas - Fort Worth Metroplex.