Possession of Marijuana (HSC 481.121)

From the Law Office of Alison Grinter in Dallas, Texas

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1 Degree
2 Statute
3 Collateral Consequences
4 Notes

Degree

The degree of offense depends on the amount of marijuana

If the amount is:	Then the offense is a:
2 oz or less	Class B Misdemeanor
2 - 4 oz	Class A Misdemeanor
2 oz - 5lbs	State Jail Felony
5lbs - 50 lbs	Second Degree Felony
50 - 2,000 lbs	First Degree Felony
2,000 lbs or more	First Degree Felony with a punishment range of 5 - 99 years in prison and an optional fine of up to $100,000

Statute

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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.