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.
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):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 213 | 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
Deferred adjudication
Ended in a conviction
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 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.
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.
| 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.
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.