Possession of Marijuana in Texas

Texas possession of marijuana laws are found under Texas Health and Safety Code Section 481.121. In Texas, possession of any usable quantity of marijuana is considered a crime and carries jail or prison time. If you have been arrested for possession of marijuana or another drug-related charge in Austin, Texas and are confused or unsure how to proceed, please call the Law Office of Kevin Bennett at (512) 476-4626. Our marijuana and drug crimes lawyer has the knowledge and skill that is necessary to defend your marijuana or other drug possession charge. You may also contact us through email.

Texas Marijuana Law

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.