§ 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.