Health & Safety Code § 481.121(b)(3) · State jail felony

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.

65%
Not convicted
204 days
Median time to resolve
$7,000
Median bail

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):

65%
Not convicted (1,650)
Dismissed by the prosecutor48%
Dismissed after a diversion program3%
Dismissed, but convicted on a companion charge5%
Dismissed — refiled or handled in another case9%
No-billed by the grand jury0%
19%
Deferred adjudication (472)
Deferred adjudication19%
16%
Convicted (417)
Guilty or no-contest plea14%
Plea to a lesser charge2%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)0%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris1,358 84%5%11% 197
Collin397 22%54%24% 196
Dallas260 55%32%14% 211
Hays113 61%28%9% 314
Montgomery100 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

196755601010 · Harris County
Filed Jun 8, 2026 → Dismissed by the prosecutor Aug 28, 2026 (3 months)
DISMISSED
23-DCR-105761 · FortBend County
Filed Jun 24, 2024 → Dismissed by the prosecutor Aug 24, 2026 (26 months)
Dismissed
26-05-07808 · Montgomery County
Filed May 8, 2026 → Dismissed by the prosecutor Aug 6, 2026 (3 months)
Dismissed
25-0825-K368 · Williamson County
Filed May 14, 2025 → Dismissed — refiled or handled in another case Aug 6, 2026 (15 months) · plea: guilty
Un-Adjudicated With 12.45

Deferred adjudication

196022301010 · Harris County
Filed Apr 16, 2026 → Deferred adjudication Aug 7, 2026 (4 months)
25-DCR-113268 · FortBend County
Filed Oct 20, 2025 → Deferred adjudication Aug 3, 2026 (9 months) · plea: guilty
CSCD 5 Years
380-81481-2026 · Collin County
Filed Mar 24, 2026 → Deferred adjudication Jun 12, 2026 (3 months) · plea: guilty
335-F-184 · Bastrop County
Filed Mar 10, 2026 → Deferred adjudication Jun 10, 2026 (3 months) · plea: guilty

Ended in a conviction

26-07-11324 · Montgomery County
Filed Jul 1, 2026 → Guilty or no-contest plea Aug 20, 2026 (2 months) · plea: guilty
Confinement to Commence 08/20/2026 100 Days , County Jail, Montgomery County Sheriff's Office Jail
24-DCR-108180 · FortBend County
Filed May 12, 2025 → Guilty or no-contest plea Aug 17, 2026 (15 months) · plea: guilty
Convicted
273331 · Brazoria County
Filed Jun 26, 2026 → Guilty or no-contest plea Jul 2, 2026 · plea: guilty
Judgment With Days Jail
25-1381-K26 · Williamson County
Filed Aug 11, 2025 → Guilty or no-contest plea May 14, 2026 (9 months) · plea: guilty
Confinement to Commence 05/18/2026 20 Days , County Jail, Williamson County Jail Jail Credit 1 Days DIC-17: Begins 05/14/2026 , Ends 11/10/2026 Drugs Required 05/14/2026

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 asPossible confinementFineSource
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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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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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.