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 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)

Practice 3 questions on this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

Worked examples

Worked example 1

POSS marijuana ≤2 ounces is what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor Correct
  3. Class A misdemeanor
  4. 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?

  1. Class A misdemeanor
  2. State jail felony Correct
  3. 3rd degree felony
  4. 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?

  1. POM ≤2 oz — Class B Correct
  2. POM >2 oz but ≤4 oz — Class A
  3. POM >4 oz but <5 lb — state jail felony
  4. 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)