Possession of Marijuana
Elements
- A person
- Knowingly or intentionally
- Possesses
- A usable quantity of marihuana
- ("Marihuana" excludes hemp under Tex. Agric. Code ch. 121 — hemp is defined as cannabis with delta-9 THC concentration of not more than 0.3 percent)
Penalty
Weight ladder under §481.121(b): 2 ounces or less — Class B misdemeanor (up to 180 days county jail + up to $2,000 fine, §12.22); more than 2 oz to 4 oz — Class A misdemeanor (up to 1 year + up to $4,000 fine, §12.21); more than 4 oz to 5 lbs — state jail felony (180 days to 2 years + up to $10,000 fine, §12.35); more than 5 lbs to 50 lbs — 3rd degree felony (2 to 10 years + up to $10,000 fine, §12.34); more than 50 lbs to 2,000 lbs — 2nd degree felony (2 to 20 years + up to $10,000 fine, §12.33); more than 2,000 lbs — 1st degree felony with mandatory minimum 5 years (up to 99 or life + up to $50,000 fine).
Enhancements
Drug-Free Zone (§481.134) doubles minimum and prohibits concurrent sentences. Delivery of marihuana (§481.120) carries a separate, harsher ladder.