Texas Controlled Substances Act – Offense: Possession of Marihuana


Texas Department of Criminal Justice

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Sec. 481.121.  OFFENSE: POSSESSION OF MARIHUANA. (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 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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.105, eff. September 1, 2009.

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Courtesy, Attorneys Jim Sullivan and Associates, Texas Criminal Defense Lawyers.

As a Houston criminal defense attorney, Nancy Botts’ main interest is in the areas of search and seizure law and drug defense.  Nancy Botts has good results in Texas drug defense cases and in federal drug defense cases.  Other Houston criminal lawyers have consulted her for years about these subjects.  Nancy Botts aggressively defends all felony and misdemeanor drug possession and drug delivery cases.  Nancy Botts has successfully fought possession and delivery of controlled substance cases for amounts ranging from less than one gram to several kilograms.

Free Initial Consultation. (281) 546-6428. Contact us today.

This is a local copy of a section of the Texas Controlled Substances Act.

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