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If you looked up a loved one on the Galveston County jail roster and saw POSS CS PG 1/1-B <1G, here is what it means.

Decoding the charge

  • POSS CS: possession of a controlled substance.
  • PG 1/1-B: Penalty Group 1, which includes substances like cocaine, methamphetamine and heroin. Penalty Group 1-B includes fentanyl. The Galveston jail system codes Penalty Group 1 and 1-B offenses the same, so the label can say 1-B even when no fentanyl was involved.
  • <1G: the amount was less than 1 gram.

Punishment ranges by weight

  1. Less than 1 gram: state jail felony; 180 days to 2 years in a state jail facility and a fine of up to $10,000.
  2. 1 gram or more but less than 4 grams: third-degree felony; 2 to 10 years in prison and a fine of up to $10,000.
  3. 4 grams or more but less than 200 grams: second-degree felony; 2 to 20 years in prison and a fine of up to $10,000.
  4. 200 grams or more but less than 400 grams: first-degree felony; 5 to 99 years or life and a fine of up to $10,000.
  5. 400 grams or more: enhanced first-degree felony; 10 to 99 years or life and a fine of up to $100,000.

Common defenses

  • No reasonable suspicion for the stop. Officers need specific, articulable facts to stop a car. A hunch is not enough, and evidence from an unlawful stop may be suppressed.
  • No legal basis for the search. Even after a lawful stop, a search needs consent, probable cause or another legal basis.
  • No proof of possession. The State must prove you knowingly had actual care, custody, control or management of the substance. When drugs are found in a shared car or home, that can be hard to prove.

Related: Penalty Group 2 / THC vape · Galveston drug charges · Finding someone in the Galveston County Jail

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Your Galveston Criminal Defense Attorneys

Brian Foley, Galveston Criminal Defense Attorney
Brian FoleyGalveston Criminal Defense AttorneyBoard Certified in Criminal Law · Former Felony Chief Prosecutor
Luis Baez, Galveston Criminal Defense Attorney
Luis BaezGalveston Criminal Defense AttorneyFormer Felony Prosecutor · Vehicular Crimes Team

Frequently Asked Questions


Why does my charge say 1-B if I didn't have fentanyl?
Penalty Group 1-B includes fentanyl, but the jail system in Galveston codes Penalty Group 1 and 1-B offenses the same way. Even an ordinary Penalty Group 1 case, like cocaine, can show up as POSS CS PG 1/1-B.
Is possession of less than 1 gram a felony?
Yes. Possession of less than 1 gram of a Penalty Group 1 substance is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.

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