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

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.

$7,000
Median cash bail
9%
Released on personal bond
22,684
Bail records

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 asShare of bail recordsPossible confinementFineSource
State jail felony100% 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.

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.

Recent POSS MARIJ <= 5LBS > 4OZ cases

CaseCountyFiledDisposedOutcome
196444101010HarrisMay 16, 2026Aug 28, 2026Dismissed by the prosecutor
197539201010HarrisAug 6, 2026Aug 28, 2026Dismissed by the prosecutor
196755601010HarrisJun 8, 2026Aug 28, 2026Dismissed by the prosecutor
196307101010HarrisMay 6, 2026Aug 27, 2026Dismissed by the prosecutor
23-DCR-105761FortBendJun 24, 2024Aug 24, 2026Dismissed by the prosecutor
195697801010HarrisMar 23, 2026Aug 24, 2026Dismissed by the prosecutor
195513201010HarrisMar 7, 2026Aug 24, 2026Dismissed by the prosecutor
195415801010HarrisFeb 28, 2026Aug 24, 2026Dismissed by the prosecutor
26-07-11324MontgomeryJul 1, 2026Aug 20, 2026Guilty or no-contest plea
24-DCR-108180FortBendMay 12, 2025Aug 17, 2026Guilty or no-contest plea

Related charges

Charged with POSS MARIJ <= 5LBS > 4OZ?

Find Texas criminal defense attorneys with verified case histories in your county.

Find a Defense Attorney

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.