POSS MARIJ <= 50 LBS >5LBS
Possession of Marijuana at most 50 Lbs over 5 LBS in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “POSS MARIJ <= 50 LBS >5LBS” means
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.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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.
Bail for POSS MARIJ <= 50 LBS >5LBS in Texas
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.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| 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.
How real POSS MARIJ <= 50 LBS >5LBS cases ended
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
Related charges
- POSS MARIJ < 2OZ § 481.121(b)(1)
- POSS MARIJ <= 5LBS > 4OZ § 481.121(b)(3)
- POSS MARIJ <= 4OZ > 2OZ § 481.121(b)(2)
- POSS MARIJ <= 2,000LBS > 50LBS § 481.121(b)(5)
Charged with POSS MARIJ <= 50 LBS >5LBS?
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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.