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 ozClass B misdemeanor
>2 oz but ≤4 ozClass A misdemeanor
>4 oz but <5 lbState jail felony
≥5 lb but ≤50 lb3rd degree felony
>50 lb but ≤2,000 lb2nd degree felony
>2,000 lb5–99 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?

  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)