POSS MARIJ <= 5LBS > 4OZTexas Health & Safety Code (HSC) § 481.121(b)(3)
“POSS MARIJ <= 5LBS > 4OZ” stands for Possession of Marijuana Over 4 Ounces and Up to 5 Pounds, a state jail felony under Texas Health & Safety Code (HSC) § 481.121(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.
What does “POSS MARIJ <= 5LBS > 4OZ” mean?
“POSS MARIJ <= 5LBS > 4OZ” stands for Possession of Marijuana Over 4 Ounces and Up to 5 Pounds, a state jail felony under Texas HSC § 481.121(b)(3).
Texas Health and Safety Code § 481.121 makes it an offense to knowingly or intentionally possess a usable quantity of marijuana, with the grade determined by weight. This variant, § 481.121(b)(3), applies when the amount possessed is more than four ounces but five pounds or less — the statute's first felony-level bracket. Marijuana means the Cannabis sativa plant and its usable parts; mature stalks, sterilized seeds, and hemp (cannabis containing no more than 0.3 percent delta-9 tetrahydrocannabinol under the 2019 hemp law) are excluded, and THC concentrates are charged separately as Penalty Group 2 substances. The elements are possession — actual care, custody, control, or management — knowledge of the substance's presence and marijuana character, and an aggregate weight within the four-ounce-to-five-pound range. Intent to deliver is not required; the same conduct at lower weights falls in the statute's misdemeanor brackets.
What usually happens to a POSS MARIJ <= 5LBS > 4OZ charge?
65% ended without a conviction, 19% in deferred adjudication and 16% in a conviction.
How 2,544 resolved POSS MARIJ <= 5LBS > 4OZ charges filed 2019–2023 ended, across 14 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 1,358 | 84% | 5% | 11% | 197 |
| Collin | 397 | 22% | 54% | 24% | 196 |
| Dallas | 260 | 55% | 32% | 14% | 211 |
| Hays | 113 | 61% | 28% | 9% | 314 |
| Montgomery | 100 | 57% | 9% | 34% | 132 |
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 <= 5LBS > 4OZ case take to resolve?
Typically about 7 months: half of resolved cases closed within 204 days of filing.
Across 2,541 resolved POSS MARIJ <= 5LBS > 4OZ charges filed 2019–2023, the median time from filing to disposition was 204 days. The middle half took between 107 and 357 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real POSS MARIJ <= 5LBS > 4OZ 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 4 Ounces and Up to 5 Pounds in Texas?
180 days to 2 years in a state jail and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| 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 POSS MARIJ <= 5LBS > 4OZ in Texas?
The median bail is $7,000, and 9% of defendants were released on a personal bond.
Across 22,684 Texas bail settings for this charge (80 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,000 (middle half: $3,000 – $15,000). 9% of defendants were released on a personal bond, and bail was denied in 1,137 cases. When this was the only charge at booking (4,237 records), the median was $5,000 and 27% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 3,393 | $3,500 | $1,500 – $10,000 | 7% | 4% |
| Dallas | 2,593 | $7,500 | $2,500 – $20,000 | 2% | 6% |
| Bexar | 1,159 | $5,000 | $3,000 – $10,000 | 6% | 6% |
| El Paso | 1,066 | $5,000 | $3,000 – $20,000 | 4% | 18% |
| Harris | 1,033 | $5,000 | $2,750 – $10,000 | 79% | 2% |
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 <= 5LBS > 4OZ?
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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.