Penalty Group 3 covers many of the most common prescription medications — benzodiazepines like Xanax, Valium, and Klonopin; stimulants like Ritalin and Adderall; certain opioids and sedatives; and anabolic steroids. Possessing one of these without a valid prescription is a crime in Texas, but for amounts under 28 grams it is a misdemeanor, not a felony — and these cases are frequently dismissed.
If you or a loved one has been charged with a PG3 offense in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors and drug-defense attorneys — can help protect your record.
What the Law Covers
Under Texas Health and Safety Code § 481.117, it is an offense to knowingly or intentionally possess a Penalty Group 3 substance without a valid prescription. The substances are listed in § 481.104 and cover a broad range of prescription drugs with abuse potential. The State must prove you knowingly possessed the drug, that you lacked a valid prescription, and that the substance was in fact a Penalty Group 3 drug.
Because PG3 is full of medicines people legitimately take, a very common scenario is someone carrying their own Adderall or Xanax loose in a bag or pill organizer, away from the labeled bottle. That is a defensible case.
Penalty Range
| Amount (aggregate weight) | Offense Level | Punishment |
|---|---|---|
| Less than 28 grams | Class A Misdemeanor | Up to 1 year jail; up to $4,000 fine |
| 28 to less than 200 grams | Third-Degree Felony | 2 – 10 years prison; up to $10,000 fine |
| 200 to less than 400 grams | Second-Degree Felony | 2 – 20 years prison; up to $10,000 fine |
| 400 grams or more | Enhanced First-Degree Felony | 5 – 99 years or life; up to $50,000 fine |
How These Cases Are Defended
- Valid prescription. Possessing the medication under a valid prescription is a defense; we document it and press for dismissal.
- Illegal search and seizure. An unlawful stop, a bad warrant, or invalid consent can lead to suppression of the evidence.
- Knowing possession and affirmative links. When pills are found in a shared car or home, the State must prove you knew and controlled them.
- Identity and lab analysis. The State must prove the pill is actually a PG3 substance; identification and testing issues create reasonable doubt.
- Diversion, dismissal, and expunction. First-time offenders frequently qualify for diversion that ends in dismissal, followed by an expunction.
Collateral Consequences
PG3 charges often affect students, healthcare workers, and licensed professionals — people for whom even a misdemeanor drug conviction can jeopardize a license, a job, financial aid, or immigration status. Keeping the case off your record is usually the central goal.
Related Charges
- Dangerous Drug Charges
- Penalty Group 1-A (LSD)
- Penalty Group 2
- Penalty Group 2-A (synthetic cannabinoids)
- DWI on Prescription Drugs
Why HCDA
Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with a Penalty Group 3 offense in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.