Texas Health and Safety Code - HEALTH & SAFETY § 481.119. Offense:  Manufacture, Delivery, or Possession of Miscellaneous Substances

(a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class A misdemeanor, except that the offense is:

(b) A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group.  An offense under this subsection is a Class B misdemeanor.