Health & Safety Code § 481.121(b)(4) · Third-degree felony

POSS MARIJ <= 50 LBS >5LBSTexas Health & Safety Code (HSC) § 481.121(b)(4)

“POSS MARIJ <= 50 LBS >5LBS” stands for Possession of Marijuana Over 5 Pounds and Up to 50 Pounds, a third-degree felony under Texas Health & Safety Code (HSC) § 481.121(b)(4). It is punishable by 2 to 10 years in prison and a fine up to $10,000.

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

72%
Not convicted
278 days
Median time to resolve
$15,000
Median bail

What does “POSS MARIJ <= 50 LBS >5LBS” mean?

“POSS MARIJ <= 50 LBS >5LBS” stands for Possession of Marijuana Over 5 Pounds and Up to 50 Pounds, a third-degree felony under Texas HSC § 481.121(b)(4).

Texas Health and Safety Code § 481.121 prohibits the knowing or intentional possession of a usable quantity of marijuana and grades the offense strictly by weight. This variant, § 481.121(b)(4), covers possession of more than five pounds but 50 pounds or less. Marijuana under Texas law means the Cannabis sativa plant and its usable parts, excluding mature stalks and sterilized seeds and, since 2019, excluding hemp — cannabis with no more than 0.3 percent delta-9 tetrahydrocannabinol. The State must prove the person exercised care, custody, control, or management over the marijuana and knew the substance was marijuana; when the person was not in exclusive control of the place where it was found, additional facts must affirmatively link the person to it. No sale, delivery, or trafficking intent is an element — quantity alone places the charge in this bracket.

What usually happens to a POSS MARIJ <= 50 LBS >5LBS charge?

72% ended without a conviction, 18% in deferred adjudication and 10% in a conviction.

How 330 resolved POSS MARIJ <= 50 LBS >5LBS charges filed 2019–2023 ended, across 13 counties (Bastrop, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

72%
Not convicted (236)
Dismissed by the prosecutor61%
Dismissed after a diversion program1%
Dismissed, but convicted on a companion charge2%
Dismissed — refiled or handled in another case7%
No-billed by the grand jury0%
19%
Deferred adjudication (61)
Deferred adjudication19%
10%
Convicted (33)
Guilty or no-contest plea10%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris213 85%13%2% 246

Outcome is the final disposition recorded on the charge. “Other” (0) 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 <= 50 LBS >5LBS case take to resolve?

Typically about 9 months: half of resolved cases closed within 278 days of filing.

Across 329 resolved POSS MARIJ <= 50 LBS >5LBS charges filed 2019–2023, the median time from filing to disposition was 278 days. The middle half took between 166 and 430 days.

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

How did real POSS MARIJ <= 50 LBS >5LBS 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

196728401010 · Harris County
Filed Jun 6, 2026 → Dismissed by the prosecutor Aug 28, 2026 (3 months)
DISMISSED
26-0134-K368 · Williamson County
Filed Jan 27, 2026 → Dismissed by the prosecutor Aug 20, 2026 (7 months)
Dismissal
22-DCR-100233 · FortBend County
Filed Jul 18, 2022 → Dismissed by the prosecutor Jun 1, 2026 (47 months)
Dismissed
F-21-41367 · Dallas County
Filed Dec 1, 2021 → Dismissed by the prosecutor Feb 17, 2026 (51 months)
DISMISSAL - DA

Deferred adjudication

194851801010 · Harris County
Filed Jan 17, 2026 → Deferred adjudication Jul 29, 2026 (6 months)
296-84497-2025 · Collin County
Filed Aug 28, 2025 → Deferred adjudication Jun 19, 2026 (10 months) · plea: guilty
CR-24-3427-D · Hays County
Filed Mar 26, 2025 → Deferred adjudication May 7, 2026 (13 months) · plea: guilty
25-DCR-110831 · FortBend County
Filed Jun 9, 2025 → Deferred adjudication Dec 15, 2025 (6 months) · plea: guilty
CSCD 6 Years

Ended in a conviction

23-DCR-104340 · FortBend County
Filed Aug 7, 2023 → Guilty or no-contest plea Aug 6, 2026 (36 months) · plea: guilty
Convicted
CR-24-4000-D · Hays County
Filed Feb 5, 2025 → Guilty or no-contest plea Jun 15, 2026 (16 months) · plea: guilty
Confinement to Commence 06/15/2026 5 Years , Institutional Division, Department of Corrections Suspended 5 Years Concurrent with Prior Sentence CSCD 5 Years
335-F-162 · Bastrop County
Filed Feb 10, 2026 → Guilty or no-contest plea May 6, 2026 (3 months) · plea: guilty
Convicted
24-1181-K368 · Williamson County
Filed Jun 21, 2024 → Guilty or no-contest plea Apr 27, 2026 (22 months) · plea: guilty
Confinement to Commence 04/27/2026 3 Years , Texas Dept. Of Criminal Justice, Texas Department of Corrections Jail Credit 75 Days DIC-17: Begins 04/27/2026 , Ends 10/24/2026 Drugs Required 04/27/2026

What is the punishment for Possession of Marijuana Over 5 Pounds and Up to 50 Pounds in Texas?

2 to 10 years in prison and a fine up to $10,000.

Charged asPossible confinementFineSource
Third-degree felony 2 to 10 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.34

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 <= 50 LBS >5LBS in Texas?

The median bail is $15,000, and 5% of defendants were released on a personal bond.

Across 3,597 Texas bail settings for this charge (24 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $15,000 (middle half: $7,000 – $30,000). 5% of defendants were released on a personal bond, and bail was denied in 203 cases. When this was the only charge at booking (746 records), the median was $10,000 and 15% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 635 $7,000 $3,000 – $15,000 3% 2%
Dallas 414 $15,000 $8,000 – $50,000 0% 8%
El Paso 194 $20,000 $7,500 – $50,000 8% 24%
Harris 189 $10,000 $10,000 – $20,000 49% 3%
Hays 150 $15,000 $7,500 – $40,000 16% 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 <= 50 LBS >5LBS?

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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.