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POSS CS PG 2 >= 1G<4G is a charge people often first see on the Galveston County Sheriff's Office website after a loved one is arrested. If you don't know what is in Penalty Group 2, you may have no idea what the person was actually charged with.

What it means

The charge is possession of a controlled substance in Penalty Group 2 of the Texas Health and Safety Code Chapter 481, and 1G<4G means the substance weighed at least 1 gram and less than 4 grams. The most common cases in this group involve THC from vape pens or other products like THC gummies. These are still illegal in Texas, and Galveston Police, the Galveston County Sheriff's Office and other Galveston County agencies make arrests for them.

After the arrest

The person is booked into the county jail: fingerprints, a mug shot, a change into jail clothes and basic identification questions. Answering basic booking questions like your name and address does not waive your right to remain silent about the case.

Next comes a probable cause hearing, where a judge sets bond and bond conditions and may ask about ties to the area and ability to pay. Conditions often include reporting and random drug testing, and they stay in place until the case is resolved by dismissal, plea or trial.

These cases can be won

Not every person arrested for Penalty Group 2 possession is convicted. We look at the stop, the search, whether the State can prove you knowingly possessed the product, and how the substance was tested and weighed. The goal is a dismissal and, where possible, an expunction.

Related: Penalty Group 1 · Marijuana charges · Galveston drug charges

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Frequently Asked Questions


Why is a THC vape pen a felony?
THC concentrates, like the oil in a vape cartridge, are usually charged as possession of a controlled substance in Penalty Group 2 rather than as marijuana, and the weight of the cartridge can push the charge into felony ranges.
What bond conditions are common?
Bond conditions often include reporting, avoiding new arrests, and random drug testing, where you call a designated line each day to see if you have been selected. These conditions last until the case is resolved.

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