Return to the shelves
Text sizeArticle text size: standard

LIBRARY Vol. 14 4 min read

Texas charges

POSS MARIJ in Texas: marijuana possession and charge levels

Read the marijuana possession weight brackets, understand misdemeanor versus felony charges, and learn why THC concentrates may be treated differently.

A green cannabis leaf in natural light.
Contents

Why the record may say “POSS MARIJ”

Texas statutes use the spelling “marihuana,” while everyday writing often uses “marijuana.” A booking description such as “POSS MARIJ” generally abbreviates possession of marihuana. The alleged amount is essential: the same basic offense name covers misdemeanor and felony brackets.

Health and Safety Code § 481.121 generally addresses knowingly or intentionally possessing a usable quantity of marihuana, subject to applicable lawful exceptions. A jail entry does not establish guilt or answer every question about the substance. Use the complete charge wording and ask an attorney to explain the allegation.

The Texas marijuana possession weight brackets

The thresholds for marijuana possession use ounces and pounds. Pay attention to whether a bracket includes its upper limit. For example, exactly 2 ounces falls in the first bracket, while more than 2 ounces and up to 4 ounces falls in the next.

Marijuana possession under § 481.121
Alleged amountOrdinary classification
2 ounces or lessClass B misdemeanor
More than 2 ounces, up to 4 ouncesClass A misdemeanor
More than 4 ounces, up to 5 poundsState jail felony
More than 5 pounds, up to 50 poundsThird-degree felony
More than 50 pounds, up to 2,000 poundsSecond-degree felony
More than 2,000 poundsFirst-degree felony with a special maximum fine

For more than 2,000 pounds, the range is 5–99 years or life in prison and a possible fine up to $50,000. These are ordinary possession classifications; enhancements and other applicable provisions may matter.

Source: Texas Health and Safety Code, Chapter 481 — Controlled Substances Act

Compare Texas misdemeanor and felony levels

Flower, concentrates, and hemp are not interchangeable

Do not assume that every cannabis-related allegation uses the marijuana table. Some THC concentrates, edibles, or vape products may be charged under the Penalty Group 2 provisions, depending on their composition, the statutory definitions, and applicable exceptions. Those possession brackets differ substantially from the marijuana brackets.

Hemp and authorized medical-use issues require attention to the actual product and law. A retail receipt, package label, or claim that a product came from another state does not by itself settle whether the possession was lawful in Texas. Ask an attorney to review the evidence and the law applicable to the alleged offense date.

Understand PG 2 and THC-related possession

A citation is still paperwork that needs attention

An arrest, a citation, and a local case-handling policy describe different parts of the process. A person who receives paperwork without being taken to jail should still read it and follow the required next steps. Do not assume that staying out of custody means the allegation disappeared.

Local enforcement or diversion practices do not rewrite the state’s statutory offense classifications or guarantee dismissal. Availability and eligibility depend on the case and current local rules. A defense attorney can explain whether an option exists without relying on a story about how another person’s case was handled.

Possession is different from delivery

This guide addresses possession under § 481.121. Delivery allegations are covered by different provisions, and the facts may support additional charges. Check the complete record before applying a possession chart to an entry that mentions delivery or another offense.

Keep the citation, booking paperwork, and court notices. Preserve existing product records for counsel without changing them. Avoid posting case details online or making assumptions about what the laboratory will conclude. Questions about proof, exceptions, and defenses belong in an individual legal review.

What a bond office needs to know

If someone is in custody, provide the legal name, date of birth, jail, and bond amount actually set. Check every listed charge and tell the agent about any other holds. The possible criminal fine is not the bond amount, and the amount of marijuana alone does not determine the bonding company’s service charge.

If the person only has a citation or court notice, explain that clearly so the office can identify whether a bond-related service is relevant. After any release, keep up with court dates and written conditions. Getting out of jail and resolving the underlying allegation are separate steps.

Understand bail costs and payment questions

YOUR NEXT STEP

Put the information to work.

Have the person’s name, date of birth, and jail information ready. Share what you know and an agent can help explain the next step.

Start a bond applicationExplore client resources
AAA
Fort Worth Dallas