Marijuana And Drugs
Health & Safety 481.121 — two ounces, then four, and hemp is not marihuana
Texas's controlled substances act makes it an offense to knowingly or intentionally possess a usable quantity of marihuana. Marihuana is the plant Cannabis sativa L., its seeds and preparations of them, but the term does not include hemp as the Agriculture Code defines it, and a controlled substance does not include the tetrahydrocannabinols in hemp.
| Marihuana possessed | The class |
|---|---|
| Marihuana possessedTwo ounces or less | The classClass B misdemeanor |
| Marihuana possessedMore than two ounces, up to four | The classClass A misdemeanor |
| Marihuana possessedMore than four ounces, up to five pounds | The classState jail felony |
| Marihuana possessedMore than 5 pounds, up to 50 | The classThird degree felony |
| Marihuana possessedMore than 50 pounds, up to 2,000 | The classSecond degree felony |
| Marihuana possessedMore than 2,000 pounds | The classFirst degree felony, from 5 to 99 years or life, and a fine of up to $50,000 |
| Penalty Group 1 or 1-B, by aggregate weight | The class |
|---|---|
| Penalty Group 1 or 1-B, by aggregate weightLess than one gram | The classState jail felony |
| Penalty Group 1 or 1-B, by aggregate weightOne gram or more, less than four | The classThird degree felony |
| Penalty Group 1 or 1-B, by aggregate weightFour grams or more, less than 200 | The classSecond degree felony |
| Penalty Group 1 or 1-B, by aggregate weight200 grams or more, less than 400 | The classFirst degree felony |
| Penalty Group 1 or 1-B, by aggregate weight400 grams or more | The classFirst degree felony, from 10 to 99 years or life, and a fine of up to $100,000 |
Calling for help with an overdose is a defense to the lowest possession charges. It is a defense to the two lowest marihuana charges, to Penalty Group 1 possession of less than one gram, and to possessing paraphernalia to use, that the person was the first to request emergency medical help for another person's possible overdose during the emergency, stayed until help arrived and cooperated, or was the person who overdosed. It is not available where an officer was already arresting the person or executing a warrant there, where the person has a prior conviction or deferred adjudication under the act or already established the defense in an earlier case, or where the person requested such help in the 18 months before.
Using or possessing drug paraphernalia with intent to use it with a controlled substance is a Class C misdemeanor. For marihuana possession at the two lowest levels, the Code of Criminal Procedure lets an officer issue a citation instead of taking the person before a magistrate, where the person lives in the county where the offense happened.
Prescription possession is outside the Penalty Group 1 offense, which applies unless the substance came from or under a valid prescription or practitioner's order. The substances in each penalty group are listed in other sections of the act, not set out here.
Sources for this section (5)
- Health & Safety 481.121 — Possession of marihuana
- Health & Safety 481.115 — Possession of a substance in Penalty Group 1 or 1-B
- Health & Safety 481.002 — Definitions for the controlled substances act, including marihuana
- Health & Safety 481.125 — Possession or delivery of drug paraphernalia
- Crim. Proc. art. 14.06 — Taking an arrested person before a magistrate, and citations instead
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.