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.)
The base classification is Graded by weight, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Marijuana, usable form
- ≤2 oz
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 |
|---|---|
| ≤2 oz | Class B misdemeanor |
| >2 oz but ≤4 oz | Class A misdemeanor |
| >4 oz but <5 lb | State jail felony |
| ≥5 lb but ≤50 lb | 3rd degree felony |
| >50 lb but ≤2,000 lb | 2nd degree felony |
| >2,000 lb | 5–99 yrs or life; fine up to $50,000 |
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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?
- Class C misdemeanor
- Class B misdemeanor Correct
- Class A misdemeanor
- 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?
- POM <=2 oz — Class B misdemeanor Correct
- POM >2 oz but <=4 oz — Class A misdemeanor
- POM >4 oz but <5 lb — state jail felony
- 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)