Drug Possession Charges in Hays County: Charge Levels, Arrest and Bail

October 12, 2026

Drug possession charges in Hays County are graded under the Texas Controlled Substances Act by two things: the penalty group the drug belongs to and how much of it was found. After the arrest, the person is booked into the Hays County Jail and taken before a magistrate, who sets bail and any bond conditions.

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How are drug possession charges in Hays County graded?

Drug possession charges in Hays County follow state law, the Texas Controlled Substances Act in Chapter 481 of the Texas Health and Safety Code. The charge level depends on the drug’s penalty group and how much was found, including anything mixed with it. The same drug can be a misdemeanor at one weight and a serious felony at another.

That is why two people arrested on the same night for “possession” can face very different charges and very different bail. The sections below explain the groups, the weight lines, and what the family can expect after the arrest. If you already know you need a bond, our page on drug charge bail bonds in San Marcos explains how we post one.

The penalty groups for a controlled substance, in plain words

Texas sorts controlled substances into penalty groups. Each group has its own possession offense and its own weight ladder.

Here are some of the drugs named in each group in the Health and Safety Code:

• Penalty Group 1: cocaine, heroin, methamphetamine, oxycodone, GHB, and hydrocodone not listed in Group 3.
• Penalty Group 1-B: fentanyl and drugs related to it, such as carfentanil.
• Penalty Group 1-A: LSD and some related compounds. This group is measured in “abuse units” instead of grams, on its own ladder.
• Penalty Group 2: MDMA (ecstasy), psilocybin, mescaline, DMT and amphetamine, among many others.
• Penalty Group 3: many prescription drugs when held without a valid prescription, such as alprazolam, diazepam, lorazepam, clonazepam, zolpidem, tramadol and anabolic steroids like testosterone.
• Penalty Group 4: medicines with limited amounts of certain narcotics such as codeine, plus buprenorphine, butorphanol and pyrovalerone.

Marijuana is not in a penalty group. It has its own section of the law, covered further down.

Possession of a controlled substance means having the drug knowingly or intentionally. A drug obtained directly from a practitioner or under a valid prescription is not an offense under these sections. Whether that defense fits a particular case is a legal question, not one a bail bond company can answer.

How the amount changes a drug charge

The weight counts the drug plus any fillers or cutting agents mixed in with it, which the law calls “adulterants or dilutants”. This often surprises families.

Penalty Group 1 and 1-B

For drugs like cocaine, heroin, methamphetamine and fentanyl, the levels are:

There is no misdemeanor level for Penalty Group 1. Any amount is a felony drug charge.

Penalty Group 2

Less than 1 gram is a state jail felony. From 1 gram to less than 4 grams is a third-degree felony. From 4 grams to less than 400 grams is a second-degree felony. At 400 grams or more it is a first-degree felony carrying 5 to 99 years or life and a fine up to $50,000.

Penalty Groups 3 and 4

These start lower. Less than 28 grams of a Group 3 drug is a Class A misdemeanor, punishable by up to one year in jail and a fine up to $4,000. Less than 28 grams of a Group 4 drug is a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. For both groups, 28 to less than 200 grams is a third-degree felony, 200 to less than 400 grams is a second-degree felony, and 400 grams or more is a first-degree felony.

Drug paraphernalia

Possessing drug paraphernalia, such as items used to store or use a drug, is a Class C misdemeanor. That level is punished by a fine of up to $500, with no jail term.

Marijuana possession levels in Texas

Marijuana possession is graded by weight under its own section of the Health and Safety Code.

The levels for possessing a usable quantity of marijuana are:

Whether a particular product counts as marijuana under Texas law, or falls in another group, is a legal question. A bail bond company cannot answer it.

These are the base levels for marijuana and for every group above. Other parts of the law can raise a charge in listed situations, so the charge written on the booking record is the one that counts for bail.

What happens after a drug arrest in Hays County

The steps after a drug arrest are the same in San Marcos, Kyle, Buda or anywhere else in the county, whoever made the arrest.

Booking at the Hays County Jail

The person is searched, the arrest report is completed, and they are fingerprinted and photographed. Then they wait in a holding cell. The jail says processing time depends on how busy it is and on the person’s cooperation. To find someone in custody, use the steps in our Hays County Jail inmate search guide.

Seeing the magistrate within 48 hours

Article 15.17 sets the outer limit: 48 hours from arrest to a magistrate, and sooner if there is no good reason for delay. The hearing may happen over video. In Hays County it can fall on any day, holidays included, because the Magistrate Court sits every day of the year. At the hearing the person hears the charge and their rights, and bail and any conditions are set.

How bail is set on a drug charge

There is no fixed bail amount for a drug charge. The magistrate decides case by case using factors in Texas law, including the nature of the offense, the safety of the community, the person’s criminal history and their ability to make bail. A higher charge level usually means more is at stake, but we will not guess at an amount.

Bail can be posted as a cash bond, a surety bond through a licensed bail bond company, or a personal bond if the magistrate grants one. Hays County is a Bail Bond Board county, so bonding companies must be licensed, and jail staff may not recommend one to you. For what a bond costs, see what a bail bond costs in Hays County.

Bond conditions that can come with a drug charge

A magistrate can attach conditions to release, and drug charges often come with testing.

Texas law and Hays County’s pretrial program point to these possibilities:

• Drug testing on a personal bond. If the officer or magistrate reasonably believes a controlled substance is in the person’s body, or finds drug or alcohol abuse related to the charge, a personal bond must include testing and a treatment or education program when that will help assure the person comes to court.
• Limits on personal bonds. Only the court where the case is pending can grant a personal bond to someone who refuses a requested drug test or tests positive. The same limit applies to the most serious drug felonies, those punishable above the first-degree range.
• Supervision by Hays County Judicial Services. When a bond includes supervision, the standard conditions listed by the county include reporting to Judicial Services after release, staying off alcohol and drugs, and submitting to drug testing. The county lists a one-time drug testing fee of $25.

Pretrial officers interview people at the jail and make a recommendation to the magistrate, who makes the final decision on a personal bond and its conditions. Pretrial officers also report to the courts on whether the person is following the conditions.

Which court hears a drug possession case

The charge level decides the court. The Hays County Courts at Law hear all Class A and Class B misdemeanor criminal cases, so a small Group 3 or 4 case or a misdemeanor marijuana case goes there. District courts hear all felony criminal cases, so any Group 1 possession, and any other drug felony, goes to one of the Hays County District Courts.

The jail does not keep court dates. For a felony, the District Clerk’s office can help at 512-393-7660. For a misdemeanor, the County Clerk’s office is at 512-393-7330. Missing a court date while out on bond is serious, so write every date down. Our guide to how bail bonds work in Hays County explains what can follow.

What to do next

Find out whether bail has been set by calling the jail’s bond line at 512-393-7807. Write down the exact charge from the booking record, because the charge level matters for everything above. If the charge is a felony, our page on felony bail bonds in San Marcos explains what to expect.

When you are ready to post a bond, call Bobcat Bail Bonds at (737) 414-0422. We answer 24 hours a day, 7 days a week, and se habla español. Our drug charge bail bonds service in San Marcos covers every step. Bail bond fees are set case by case, and qualified applicants may be eligible for payment plans. You can also start a bail bond online, with no ID or account numbers needed to begin.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.