POSS MARIJ <= 4OZ > 2OZTexas Health & Safety Code (HSC) § 481.121(b)(2)
“POSS MARIJ <= 4OZ > 2OZ” stands for Possession of Marijuana Over 2 Ounces and Up to 4 Ounces, a Class A misdemeanor under Texas Health & Safety Code (HSC) § 481.121(b)(2). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “POSS MARIJ <= 4OZ > 2OZ” mean?
“POSS MARIJ <= 4OZ > 2OZ” stands for Possession of Marijuana Over 2 Ounces and Up to 4 Ounces, a Class A misdemeanor under Texas HSC § 481.121(b)(2).
Texas Health and Safety Code § 481.121 makes it an offense to knowingly or intentionally possess a usable quantity of marijuana, with the grade set by weight. This variant, § 481.121(b)(2), applies when the amount possessed is more than two ounces but four ounces or less. Marijuana means the Cannabis sativa plant and its usable parts; the definition excludes mature stalks, sterilized seeds, and — under Texas's 2019 hemp law — cannabis containing no more than 0.3 percent delta-9 tetrahydrocannabinol. Concentrated THC products such as wax, oils, and edibles fall outside this statute and are prosecuted as Penalty Group 2 controlled substances. To convict, the State must prove the person exercised actual care, custody, control, or management over the marijuana, knew of its presence and nature, and possessed an aggregate weight within the two-to-four-ounce bracket that separates this variant from the neighboring grades.
What usually happens to a POSS MARIJ <= 4OZ > 2OZ charge?
42% ended without a conviction, 23% in deferred adjudication and 35% in a conviction.
How 930 resolved POSS MARIJ <= 4OZ > 2OZ charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Collin | 276 | 42% | 28% | 30% | 168 |
| Hays | 168 | 68% | 20% | 12% | 401 |
| Montgomery | 126 | 0% | 18% | 82% | 92 |
Outcome is the final disposition recorded on the charge. “Other” (5) 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 POSS MARIJ <= 4OZ > 2OZ case take to resolve?
Typically about 7 months: half of resolved cases closed within 210 days of filing.
Across 929 resolved POSS MARIJ <= 4OZ > 2OZ charges filed 2019–2023, the median time from filing to disposition was 210 days. The middle half took between 97 and 412 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real POSS MARIJ <= 4OZ > 2OZ 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
Deferred adjudication
Ended in a conviction
What is the punishment for Possession of Marijuana Over 2 Ounces and Up to 4 Ounces in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for POSS MARIJ <= 4OZ > 2OZ in Texas?
The median bail is $2,500, and 10% of defendants were released on a personal bond.
Across 10,087 Texas bail settings for this charge (63 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,500 – $6,000). 10% of defendants were released on a personal bond, and bail was denied in 184 cases. When this was the only charge at booking (1,950 records), the median was $2,000 and 22% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 1,384 | $1,500 | $750 – $4,000 | 16% | 1% |
| Dallas | 984 | $2,000 | $1,000 – $5,000 | 6% | 4% |
| Collin | 427 | $2,000 | $1,000 – $5,000 | 11% | 0% |
| El Paso | 331 | $2,000 | $500 – $5,000 | 11% | 2% |
| Denton | 322 | $2,500 | $1,500 – $5,000 | 1% | 0% |
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 POSS MARIJ <= 4OZ > 2OZ?
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Find a Defense AttorneyBail 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.