Health & Safety 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: Marijuana, usable form; ≤2 oz; Class B misdemeanor.
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
- Marijuana, usable form
- ≤2 oz
- Class B misdemeanor
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 to | Statute |
|---|---|---|
| ≤2 oz | Class B misdemeanor | §481.121(b)(1) |
| >2 oz but ≤4 oz | Class A misdemeanor | §481.121(b)(2) |
| >4 oz but <5 lb | State jail felony | §481.121(b)(3) |
| ≥5 lb but ≤50 lb | 3rd degree felony | §481.121(b)(4) |
| >50 lb but ≤2,000 lb | 2nd degree felony | §481.121(b)(5) |
| >2,000 lb | 5–99 yrs or life; fine up to $50,000 | §481.121(b)(6) |
Practice 3 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Worked example 1
POSS marijuana ≤2 ounces is what level of offense?
- Class C misdemeanor
- Class B misdemeanor Correct
- Class A misdemeanor
- State jail felony
Why: ≤2 oz of marijuana is a Class B misdemeanor. (Marijuana excludes hemp with delta-9 THC ≤ 0.3% on a dry-weight basis.)
Statute: Tex. Health & Safety Code §481.121(b)(1)
Worked example 2
POSS marijuana >4 oz but <5 lb is what level?
- Class A misdemeanor
- State jail felony Correct
- 3rd degree felony
- 2nd degree felony
Why: >4 oz but <5 lb of marijuana is a state jail felony.
Statute: Tex. Health & Safety Code §481.121(b)(3)
Worked example 3
SCENARIO. Officer finds 30 grams of marijuana on a defendant during a traffic stop. Best charge?
- POM ≤2 oz — Class B Correct
- POM >2 oz but ≤4 oz — Class A
- POM >4 oz but <5 lb — state jail felony
- POM >50 lb — 2nd degree felony
Why: 30 g converts to about 1.06 oz — well within the ≤2 oz bracket. Class B misdemeanor. (1 oz ≈ 28.35 g)
Statute: Tex. Health & Safety Code §481.121(b)(1)