Penal Code · §481.121

Possession of Marijuana

Knowingly or intentionally possesses a usable quantity of marijuana. (Marijuana excludes hemp with delta-9 THC concentration ≤ 0.3% on a dry-weight basis.)

To prove this offense, the State must establish each of the following elements: <=2 oz: Class B misdemeanor; 2–4 oz: Class A misdemeanor; 4 oz–5 lb: state jail felony; 5 lb–50 lb: 3rd degree felony; 50–2,000 lb: 2nd degree felony; >2,000 lb: 5–99 years or life and a fine up to $50,000.

The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • <=2 oz: Class B misdemeanor
  • 2–4 oz: Class A misdemeanor
  • 4 oz–5 lb: state jail felony
  • 5 lb–50 lb: 3rd degree felony
  • 50–2,000 lb: 2nd degree felony
  • >2,000 lb: 5–99 years or life and a fine up to $50,000
Texas Law — Charge Details
Class B Misd. → Enhanced 1st Degree
Offense
Possession of Marijuana
Statute
Tex. Health & Safety Code §481.121
Classification
Graded by weight

Knowingly or intentionally possesses a usable quantity of marijuana. (Marijuana excludes hemp with delta-9 THC concentration ≤ 0.3% on a dry-weight basis.)

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
≤2 ozClass B misdemeanor§481.121(b)(1)
>2 oz but ≤4 ozClass A misdemeanor§481.121(b)(2)
>4 oz but <5 lbState jail felony§481.121(b)(3)
≥5 lb but ≤50 lb3rd degree felony§481.121(b)(4)
>50 lb but ≤2,000 lb2nd degree felony§481.121(b)(5)
>2,000 lb5–99 yrs or life; fine up to $50,000§481.121(b)(6)

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Worked examples

Worked example 1

Possession of two ounces or less of marijuana ('POM') is what level of offense in Texas?

  1. Class C misdemeanor
  2. Class B misdemeanor Correct
  3. Class A misdemeanor
  4. State jail felony
Why: Two ounces or less of marijuana (usable form) is a Class B misdemeanor — up to 180 days county jail and/or up to a $2,000 fine.
Statute: Tex. Health & Safety Code §481.121(b)(1)
Worked example 2

Officers find 1.5 ounces of usable marijuana on a defendant in a public park. Which charge fits the underlying possession?

  1. POM <=2 oz — Class B misdemeanor Correct
  2. POM >2 oz but <=4 oz — Class A misdemeanor
  3. POM >4 oz but <5 lb — state jail felony
  4. POSS CS PG 2 <1 g — state jail felony
Why: 1.5 oz is within the <=2 oz bracket — Class B misdemeanor.
Statute: Tex. Health & Safety Code §481.121(b)(1)