POSS MARIJ <= 5LBS > 4OZ
Possession of Marijuana at most 5 LBS over 4 OZ in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “POSS MARIJ <= 5LBS > 4OZ” means
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.
| 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.
Bail for POSS MARIJ <= 5LBS > 4OZ in Texas
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.
How real POSS MARIJ <= 5LBS > 4OZ 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 <= 4OZ > 2OZ § 481.121(b)(2)
- POSS MARIJ <= 50 LBS >5LBS § 481.121(b)(4)
- POSS MARIJ <= 2,000LBS > 50LBS § 481.121(b)(5)
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.