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.

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Comments (10) 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 , ?

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