Texas § 481.121 — Possession of Marijuana

What the Statute Says

Texas Health and Safety Code § 481.121 criminalizes knowing or intentional possession of a usable quantity of marijuana. Penalties scale by weight:

Penalty Tiers Under § 481.121(b)

• (b)(1) Two ounces or less: Class B misdemeanor (up to 180 days jail, $2,000 fine)
• (b)(2) Four ounces or less but more than two ounces: Class A misdemeanor
• (b)(3) Four ounces to five pounds: State jail felony (180 days to 2 years state jail)
• (b)(4) Five to 50 pounds: Third-degree felony (2 to 10 years TDCJ)
• (b)(5) 50 to 2,000 pounds: Second-degree felony (2 to 20 years TDCJ)
• (b)(6) More than 2,000 pounds: First-degree felony enhanced (5 to 99 years or life)

The Hemp Distinction (Post-2019)

Under Texas Agriculture Code Chapter 122, hemp (cannabis with less than 0.3% Delta-9 THC) is legal. Since hemp and marijuana are visually and chemically similar, the State must prove THC concentration to sustain a marijuana conviction. This has created significant defense opportunities, as many Texas crime labs lack resources to test every suspected marijuana sample.

Drug-Free Zone Enhancement (§ 481.134)

Possession within 1,000 feet of schools, playgrounds, or youth centers, or within 300 feet of public pools or youth facilities, enhances the offense one grade higher.

Key Cases

• Mitchell v. State, No. 12-09-00107-CR (Tex. App. 2010) — "possession" and usable quantity
• Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) — affirmative links standard

Defenses

• Fourth Amendment suppression of illegal search (art. 38.23)
• Hemp vs. marijuana (insufficient THC testing)
• Lack of "affirmative links" to the marijuana
• Insufficient "usable quantity"
• Pre-trial diversion for first offenders

This analysis is general information, not legal advice. Texas criminal law is complex and fact-specific — consult a licensed Texas attorney about your specific situation.