Living guide · Laws & Legal Status
Texas Marijuana Possession Penalties: Weights & Offense Classes
The short answer
For marijuana flower, Texas grades ordinary possession by weight. Two ounces or less is generally Class B; larger quantities carry higher classifications. This table describes §481.121, not every THC product or every circumstance. Read the offense text.
On this page 5 sections
Marijuana possession weight thresholds
| Marijuana amount | Ordinary offense class |
|---|---|
| Two ounces or less | Class B misdemeanor |
| More than two, up to four ounces | Class A misdemeanor |
| More than four ounces, up to five pounds | State jail felony |
| More than five, up to 50 pounds | Third-degree felony |
| More than 50, up to 2,000 pounds | Second-degree felony |
| More than 2,000 pounds | First-degree felony with a special statutory range |
What the ordinary punishment ranges mean
Penal Code §§12.21–12.22 provide up to 180 days in jail and/or a $2,000 fine for Class B, and up to one year and/or $4,000 for Class A. State jail felonies ordinarily carry 180 days to two years and a possible fine up to $10,000. Third-degree felonies ordinarily carry two to ten years; second-degree, two to twenty years, each with a possible fine up to $10,000. The largest marijuana tier has its own five-to-99-years-or-life provision and fine up to $50,000. Read the punishment chapter and §481.121(b)(6).
These ranges are not a prediction of a particular sentence. Allegations, defenses, prior convictions and other applicable provisions require case-specific analysis.
Why a THC vape or edible needs a different check
Concentrated THC may be analyzed under controlled-substance penalty groups rather than the marijuana-flower table. Product composition, laboratory findings and the alleged statutory section matter. Do not translate ounces of flower into an assumed safe amount of oil, gummies or cartridges. Read the product and concentrate distinction.
Does a first charge guarantee dismissal?
No result follows automatically from this chart. Ask counsel about the actual charge, court and any documented local program. A citation, dismissal, diversion and conviction mean different things; a low county arrest count cannot establish eligibility for an individual case. See the after-arrest guide.
Put county figures in context
Compare county records or open your county to inspect aggregate enforcement evidence. The dataset counts reported records, not sentences and not the probability of a specific legal outcome.
Find attorney and official appointed-counsel resources. This is general legal information, not advice for a particular charge.