Possession of a controlled substance less than 1 gram is a state jail felony with a punishment range of 6 months to 2 years state jail (no parole from state jail) and a fine of up to $10,000.
Due to the overwhelming number of state jail dope cases in Texas, the law requires probation in many cases.
Possession of a controlled substance, penalty group 1 less than 1 gram, is a violation of the Texas Health and Safety code section 481.115. Penalty group 1 contains many drugs; the most commonly charged are cocaine and heroin.
This is a state jail felony crime punishable by 180 days to two years in a state jail facility. If this is a first offense, then the defendant (if they accept responsibility) will usually get probation. However, no plea should be entered into if a defendant is innocent of the charges.
It means possession of a controlled substance in penalty group one in an amount under 1 gram. Without any prior conviction enhancements, it is a state jail felony which carries a minimum of 6 months and a maximum of 2 years.
It can be enhanced to carry more time in prison, and the punishment can also be as little as deferred adjudication probation. There is always also the possibility of receiving deferred prosecution.