Health & Safety Code § 481.120(b)(3) · State jail felony

DEL MARIJ <= 5LBS > 1/4 OZTexas Health & Safety Code (HSC) § 481.120(b)(3)

“DEL MARIJ <= 5LBS > 1/4 OZ” stands for Delivery of Marijuana Over 1/4 Ounce and Up to 5 Pounds, a state jail felony under Texas Health & Safety Code (HSC) § 481.120(b)(3). It is punishable by 180 days to 2 years in a state jail and a fine up to $10,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

32%
Not convicted
195 days
Median time to resolve
$7,500
Median bail

What does “DEL MARIJ <= 5LBS > 1/4 OZ” mean?

“DEL MARIJ <= 5LBS > 1/4 OZ” stands for Delivery of Marijuana Over 1/4 Ounce and Up to 5 Pounds, a state jail felony under Texas HSC § 481.120(b)(3).

Texas Health and Safety Code § 481.120 makes it an offense to knowingly or intentionally deliver marihuana, with 'delivery' defined to include any actual or constructive transfer to another person as well as an offer to sell. This variant, § 481.120(b)(3), is the state jail felony bracket: the amount of marihuana delivered is five pounds or less but more than one-fourth ounce. Within this weight range it does not matter whether the actor received payment; remuneration is an element only in the sub-quarter-ounce misdemeanor brackets, which this charge exceeds. The bracket is likewise distinguished from the next grade up, which begins when the amount delivered exceeds five pounds. 'Marihuana' means the cannabis plant, whether growing or not, and preparations of the plant, with statutory exclusions for items such as legal hemp, mature stalks, and sterilized seeds.

What usually happens to a DEL MARIJ <= 5LBS > 1/4 OZ charge?

32% ended without a conviction, 50% in deferred adjudication and 17% in a conviction.

How 127 resolved DEL MARIJ <= 5LBS > 1/4 OZ charges filed 2019–2023 ended, across 10 counties (Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis):

32%
Not convicted (41)
Dismissed by the prosecutor31%
Dismissed — refiled or handled in another case2%
50%
Deferred adjudication (63)
Deferred adjudication50%
17%
Convicted (22)
Guilty or no-contest plea15%
Plea to a lesser charge2%
Convicted (plea vs. trial not recorded)1%

Outcome is the final disposition recorded on the charge. “Other” (1) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a DEL MARIJ <= 5LBS > 1/4 OZ case take to resolve?

Typically about 6 months: half of resolved cases closed within 195 days of filing.

Across 125 resolved DEL MARIJ <= 5LBS > 1/4 OZ charges filed 2019–2023, the median time from filing to disposition was 195 days. The middle half took between 101 and 295 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real DEL MARIJ <= 5LBS > 1/4 OZ cases end?

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

NA26-378 · Comal County
Filed Mar 26, 2026 → Dismissed by the prosecutor Mar 26, 2026
Non-Prosecution Affidavit
MD-0423050 · Galveston County
Filed Mar 7, 2025 → Dismissed by the prosecutor Aug 7, 2025 (5 months)
Dismissed
199-86834-2023 · Collin County
Filed Nov 28, 2023 → Dismissed by the prosecutor Apr 3, 2025 (16 months)
Dismissed
21-DCR-095315 · FortBend County
Filed Jan 10, 2022 → Dismissed by the prosecutor Oct 14, 2024 (33 months)
Dismissed

Deferred adjudication

26-03-04824 · Montgomery County
Filed Mar 23, 2026 → Deferred adjudication Jul 16, 2026 (4 months) · plea: guilty
CSCD 2 Years with Community Service of 120 Hours $500 Fine, 2 Years Deferred Adjudication
25-CR-0892 · Galveston County
Filed Mar 10, 2025 → Deferred adjudication Nov 17, 2025 (8 months) · plea: guilty
Sentenced - Probation/Community Service
199-86835-2023 · Collin County
Filed Nov 28, 2023 → Deferred adjudication Apr 3, 2025 (16 months) · plea: guilty
24-9020-382-F · Rockwall County
Filed Jul 31, 2024 → Deferred adjudication Nov 14, 2024 (3 months) · plea: guilty
Sentenced - Probation/Supervision (OCA) TX CSCD and Community Service CSCD 5 Years with Community Service of 160 Hours Provisions Provision (Misc Comments) Comment: Adhere to all conditons of Order Imposing

Ended in a conviction

24-9084-382-F · Rockwall County
Filed Jun 18, 2025 → Guilty or no-contest plea Dec 4, 2025 (6 months) · plea: guilty
Sentenced - State Jail (OCA) Confinement Confinement to Commence: 12/04/2025 2 Years, State Jail, State Jail Facility Jail Credit 2 Days Suspended 2 Years Concurrent with Prior Sentence TX CSCD and Community Service CSCD
MD-0427407 · Galveston County
Filed Nov 18, 2025 → Guilty or no-contest plea Nov 18, 2025 · plea: nolo contendere
Convicted
219-83331-2020 · Collin County
Filed Nov 10, 2020 → Guilty or no-contest plea May 9, 2025 (54 months) · plea: guilty
Convicted: Guilty Plea - No Jury
F-21-34156 · Dallas County
Filed Sep 27, 2022 → Plea to a lesser charge Jul 19, 2023 (10 months) · plea: guilty
PGFR - AGREED PLEA OF GUILTY BEFORE THE COURT FELONY REDUCED

What is the punishment for Delivery of Marijuana Over 1/4 Ounce and Up to 5 Pounds in Texas?

180 days to 2 years in a state jail and a fine up to $10,000.

Charged asPossible confinementFineSource
State jail felony 180 days to 2 years in a state jail Fine up to $10,000 Penal Code § 12.35

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

How much is bail for DEL MARIJ <= 5LBS > 1/4 OZ in Texas?

The median bail is $7,500, and 4% of defendants were released on a personal bond.

Across 4,176 Texas bail settings for this charge (28 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $3,000 – $15,000). 4% of defendants were released on a personal bond, and bail was denied in 187 cases. When this was the only charge at booking (333 records), the median was $5,000 and 10% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 1,125 $3,000 $1,500 – $6,000 3% 3%
Dallas 286 $5,000 $2,000 – $22,500 0% 8%
Travis 251 $10,000 $5,000 – $15,000 20% 4%
El Paso 210 $5,000 $2,000 – $5,000 1% 17%
Denton 197 $10,000 $5,000 – $15,000 0% 3%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

Charged with DEL MARIJ <= 5LBS > 1/4 OZ?

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.