Possession of Marijuana - Texas Health and Safety Code

§ 481.121. OFFENSE: POSSESSION OF MARIHUANA. (MARIJUANA)

(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.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://blog.austindefense.com/admin/trackback/14604
Comments (16) Read through and enter the discussion with the form at the end
Edward Prislac - January 8, 2007 3:04 PM

What about HB 254, which amended this statute?

Jamie - January 9, 2007 2:41 PM

House Bill 254... in with a bang, out with a whimper.

Unfortunately, although it sailed out of committee, it ended up not ever even being scheduled for a floor vote, and thus sadly, did not end up amending the statute.

You can search the site for HB 254, to find the specific post about this issue.

TAMESHA PATRICE BELIN - January 27, 2008 11:48 AM

when these people are released is it done the dat of there release day or after? how long after?

Angela - January 30, 2008 9:00 AM

What is the new law that states that possesion under 2 oz is a ticketable offense and that a violater is not to be arrested at the time of the offense?? When did that take effect?

Angela - January 30, 2008 9:02 AM

What is the new law that states that possesion under 2 oz is a ticketable offense and that a violater is not to be arrested at the time of the offense?? When did that take effect?

Angela - January 30, 2008 9:09 AM

ok...I just answered my own question...I am guessing that HB 254 was what I was looking for! I do have to say that this site is very helpful though...very nice

kevin - May 8, 2008 1:16 AM

what is the maximum sentence or punishment regarding that of an offence of possession of under an OZ of marijuana. also the texas state law regarding the same

Jorge - August 2, 2008 6:56 PM

Ok i lost my backpack at a junior college i attended a yr and a half ago,Well They foind my backpack with marijuna in it less than 2 oz. can they really charge me for Possesion of Marijuana if it wasnt even in my possesion but it was my backpack , ?

Jorge - August 2, 2008 6:59 PM

Ok i lost my backpack at a junior college i attended a yr and a half ago,Well They foind my backpack with marijuna in it less than 2 oz. can they really charge me for Possesion of Marijuana if it wasnt even in my possesion but it was my backpack , ?

Jorge - August 2, 2008 7:06 PM

Ok i lost my backpack at a junior college i attended a yr and a half ago,Well They foind my backpack with marijuna in it less than 2 oz. can they really charge me for Possesion of Marijuana if it wasnt even in my possesion but it was my backpack , ?

David - December 14, 2008 2:07 PM

What are the laws regarding cultivation. How much growing for how much time. exactly. Or , how much is considered to be for "personal use".

Jaded Consumer - August 31, 2009 1:02 PM

The question why you grow weed might matter in California, but in Texas it's enough to prove you knew you were cultivating weed.

The interesting thing is that California isn't drowning in federal prosecutions of people operating under state marijuana-for-personal-use laws.

I remember a few years back, federal supremacy was being pushed so hard that an airline pilot arrested by Florida and charged with operating a vehicle while intoxicated was freed because what he was doing didn't violate an applicable federal law.

Judy Forbes - November 9, 2009 2:31 PM

there are 5 unrelated passengers in a vehicle and the vehicle is stopped at a border patrol check point in South Texas. A search was done and less than 2 ounces found in the trunk. Who is charged with possession

eli - July 25, 2010 3:51 PM

what are the concequences of having about 5 gs at your home? is it a crime to have pot in your own house?

Debbie Moore - August 17, 2010 10:20 AM

I trying to find someone to help me with my son was caught with 6 pounds of weed he never been in nothing like this befor Irealy would like to keep his record clean he know he made a misstake

BSJ - April 30, 2011 9:09 AM

I have a 15 year old son and he had been a package boy for a dealer to some one he had 7th period and he was caught with 1gram but he has a perfect record except this what will happen to him?

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?