A traffic stop on I-45. A dorm room search. A vape pen in your glove box. One moment you're going about your day, and the next you're facing a Texas marijuana charge with no clear picture of what comes next.
The question that matters most: Is this a misdemeanor or a felony?
In Texas, marijuana possession becomes a felony once you're caught with more than 4 ounces. That's the line. Cross it, and you're no longer looking at a county jail sentence—you're facing state jail or prison time, a permanent felony record, and consequences that follow you long after any sentence ends.
This isn't legal advice. It's a breakdown of how Texas counts marijuana, where the felony threshold sits, and why the weight on the scale matters more than you think. If you are facing marijuana charges, contact a Houston drug case lawyer at Benavides Law Group—se habla Español.
Key Takeaways About Texas Felony Marijuana Charges
- Possession of more than 4 ounces of marijuana is a state jail felony, carrying 180 days to 2 years in state jail and up to $10,000 in fines
- Any amount of THC concentrate (vape cartridges, wax, edibles) is automatically a felony in Texas under Penalty Group 2 laws, even if it weighs less than a gram
- Weight is crucial to determining whether possession is a felony or misdemeanor and most plant matter in the container is weighed together
- A felony marijuana conviction could create long-term consequences like loss of gun rights, employment barriers, professional license revocation, and loss of federal student aid or immigration status.
- First-time offenders may qualify for dismissal or reduction through pretrial diversion, deferred adjudication, or negotiated reductions
Is Marijuana Possession a Felony in Texas?
Sometimes, depending on the weight. Texas Health and Safety Code §481.121 sets possession penalties based on how much marijuana you're caught with. Under 2 ounces is a Class B misdemeanor. Between 2 and 4 ounces is a Class A misdemeanor. More than 4 ounces is a state jail felony, and penalties climb steeply from there.
The state doesn't care about your intent, your past record, or whether you planned to smoke it, sell it, or gift it. The law looks at weight.
Here's where people get blindsided: Texas spells it "marihuana" in the statute, and the definition covers flower, leaves, and any usable part of the cannabis plant. But THC concentrates, vape cartridges, wax, and edibles fall under a different law with harsher penalties. Any amount of THC concentrate is automatically a felony in Texas, even if the cartridge weighs less than a gram.
How Many Ounces of Weed Is a Felony in Texas?
More than 4 ounces.
At 4.01 ounces, you're charged with a state jail felony under Texas law. At 5 pounds, it becomes a third-degree felony. At 50 pounds, it is a second-degree felony. At 2,000 pounds, a first-degree felony with a maximum sentence of 99 years and a $50,000 fine.
Most people arrested for marijuana possession aren't dealing in pounds. They're holding a few ounces in a bag, a jar, or a shoebox. But Texas doesn't round down. If law enforcement weighs your stash at 4.2 ounces, you're facing felony exposure.
Weight includes almost everything in the container, with some plant material excluded. Officers rely on lab weights of the seized plant material, and small differences can push a case over the felony threshold.
What's the Difference Between Misdemeanor and Felony Marijuana Possession in Texas?
The difference is weight, and the consequences shift dramatically at the 4-ounce mark.
Misdemeanor marijuana possession (under 4 ounces):
- Under 2 ounces: Class B misdemeanor. Up to 180 days in county jail, up to $2,000 fine.
- 2 to 4 ounces: Class A misdemeanor. Up to 1 year in county jail, up to $4,000 fine.
Misdemeanors stay in county courts. Sentences might include probation, drug education classes, and community service. A conviction creates a criminal record, but it's not a felony.
Felony marijuana possession (more than 4 ounces):
- 4 ounces to 5 pounds: State jail felony. 180 days to 2 years in state jail, up to $10,000 fine.
- 5 to 50 pounds: Third-degree felony. 2 to 10 years in prison, up to $10,000 fine.
- 50 to 2,000 pounds: Second-degree felony. 2 to 20 years in prison, up to $10,000 fine.
- More than 2,000 pounds: First-degree felony. 5 to 99 years in prison, up to $50,000 fine.
Felonies move to district courts. Convictions carry prison time, higher fines, and a permanent felony record that affects employment, housing, voting rights, and gun ownership.
What Are the Penalties for a State Jail Felony Marijuana Charge?
A state jail felony for marijuana possession (possession of more than 4 ounces but less than 5 pounds) carries a sentence range of 180 days to 2 years in a state jail facility and a fine of up to $10,000.
State jail time is not the same as county jail or prison. It's a separate category under Texas law, with its own sentencing structure. Judges can suspend sentences and order probation instead, but the conviction still results in a felony record.
A felony marijuana conviction creates collateral consequences that extend beyond the courtroom. Employment background checks flag felonies. Professional licensing boards may deny or revoke credentials. Federal student aid eligibility may be affected. Immigration status can be jeopardized. Gun rights are lost.
Some first-time offenders may qualify for deferred adjudication, which can result in dismissal after completing probation terms. Others may be eligible for drug court programs or pretrial diversion. But these options aren't guaranteed, and eligibility depends on the facts of the case, prior criminal history, and prosecutor discretion.
What Happens if I'm Caught with Weed in My Car in Texas?
Being caught with marijuana in your vehicle adds complexity to an already serious situation.
Officers often search vehicles during traffic stops if they claim to smell marijuana, see it in plain view, or obtain consent to search. Once marijuana is found, you may be arrested on the spot. The vehicle may be towed and impounded.
Here's where things get messy: if multiple people are in the car and no one claims the marijuana, officers may charge everyone with possession. Texas law allows for "joint possession," meaning the state can argue that everyone in the vehicle had access and control over the drugs.
Defense strategies often focus on whether the stop was legal, whether the search violated your Fourth Amendment rights, whether the marijuana actually belonged to you, and whether the weight was accurately measured.
Can a First-Time Marijuana Charge Be Dismissed or Reduced in Texas?
Dismissals and reductions depend on several factors: the strength of the state's evidence, whether law enforcement violated your constitutional rights, your prior criminal history, the prosecutor's policies, and whether you qualify for diversion programs.
Possible outcomes for first-time offenders:
- Pretrial diversion: Complete drug education, community service, or other conditions, and the case may be dismissed.
- Deferred adjudication: Plead guilty, complete probation, and avoid a final conviction if terms are met.
- Charge reduction: Felony reduced to misdemeanor, or Class A reduced to Class B, often through negotiation.
- Dismissal: Evidence problems, illegal search, chain of custody issues, or other defects may lead to outright dismissal.
First-time offender status helps, but it's not a guarantee. Harris County and other urban jurisdictions have implemented diversion programs for low-level marijuana cases, but eligibility requirements vary. Some prosecutors decline to pursue certain marijuana cases altogether, while others prosecute aggressively.
Impact of a Texas Weed Charge on Employment, Education, and Gun Rights
A marijuana conviction in Texas, either misdemeanor or felony, creates consequences that extend far beyond court dates and fines.
Employment backgrounds: Most employers run criminal background checks before hiring. A marijuana conviction shows up, and felony convictions often disqualify applicants from jobs in healthcare, education, government, finance, and any role requiring professional licensing or security clearance. Even misdemeanor convictions can complicate hiring in competitive fields where employers have multiple qualified candidates.
Student aid and university enrollment: College students convicted of drug offenses may lose federal financial aid eligibility under the Higher Education Act. Universities may also impose their own disciplinary actions, including suspension or expulsion, separate from the criminal case.
Gun ownership: A felony conviction prohibits you from possessing firearms under both Texas and federal law. Even misdemeanor marijuana convictions can complicate firearm purchases, depending on other factors in your criminal history and how the offense is classified.
Professional licenses: Doctors, nurses, lawyers, teachers, commercial drivers, and other licensed professionals face disciplinary action from licensing boards after drug convictions. Some boards allow individuals to keep their licenses with conditions; others revoke them permanently. The conviction may also affect your ability to obtain a new license in another state.
Immigration status: Non-citizens convicted of drug offenses face potential deportation, denial of naturalization, and bars to reentry. Even a single misdemeanor marijuana conviction can trigger immigration consequences, making it critical to consult both a criminal defense attorney and an immigration attorney before resolving any drug charge.
Is Delta-8 Legal in Texas? Will It Get Me Arrested?
Delta-8 exists in a legal gray zone that creates real-world arrest risk.
Texas legalized hemp in 2019, defining it as cannabis with no more than 0.3% Delta-9 THC. Delta-8 THC is a hemp-derived cannabinoid that produces mild psychoactive effects. Retailers sell it openly in gas stations, smoke shops, and online.
The Texas Department of State Health Services attempted to classify Delta-8 as a controlled substance in 2021, but courts have blocked enforcement. Delta-8 remains widely available, but law enforcement and prosecutors sometimes charge people who possess it.
The problem: Field tests used by officers can't distinguish between Delta-8, Delta-9, and other cannabinoids. A legal Delta-8 product may trigger a positive test, leading to arrest and charges. Lab analysis later may show it's legal, but you've already been arrested, booked, and potentially held in jail.
If you're carrying Delta-8, keep packaging and lab certificates showing it's hemp-derived and under the legal THC limit. Even then, you may still face an arrest and the need to prove legality later.
Are THC Vapes and Edibles Treated the Same as Marijuana Flower in Texas?
No. Texas law treats them much worse.
THC concentrates, like vape cartridges, wax, dabs, shatter, and edibles made with extracted THC, fall under Penalty Group 2 substances in Texas Health and Safety Code §481.103.
A single vape cartridge weighing less than a gram can result in a felony charge, even though the same weight in marijuana flower would be a Class B misdemeanor.
The law defines concentrates as substances that contain THC in a form other than the plant itself. Extraction processes that create oil, wax, or distillate push the substance into a harsher penalty category. Edibles made with THC butter or oil fall under the same statute.
This creates disproportionate outcomes. Someone caught with a small vape pen faces the same charge level as someone caught with 4.5 ounces of flower. Prosecutors sometimes reduce concentrate charges through negotiation, but the starting point is a felony.
People arrested for THC concentrate possession often don't realize they were holding a felony-level substance. The vape pen looked legal, the packaging didn't scream "felony," and the arrest feels wildly out of proportion to the offense.
What Should I Do if I'm Charged with Felony Marijuana Possession in Texas?
Start with silence.
If you're arrested for marijuana possession, don't answer questions. Don't explain where you got it, who it belongs to, or what you planned to do with it. Politely decline to speak and ask for an attorney.
Then contact a Houston criminal defense attorney who handles drug cases. Your attorney will review the arrest report, examine whether the search was legal, analyze the weight and testing procedures, identify weaknesses in the state's case, and negotiate with prosecutors for dismissal, reduction, or diversion.
Felony marijuana charges in Texas carry real consequences: prison time, permanent records, and collateral damage that lasts years. Fighting the charge isn't about denying reality—it's about holding the state to its burden of proof and protecting your future.
FAQ for How Much Marijuana Is a Felony in Texas
Is Possession of 2 Ounces of Weed a Felony in Texas?
No. Possession of 2 ounces is a Class A misdemeanor, punishable by up to 1 year in county jail and a fine of up to $4,000.
Is 4 Ounces a Felony in Texas?
No. Exactly 4 ounces is still a Class A misdemeanor. The felony threshold begins at anything over 4 ounces. At 4.01 ounces, the charge becomes a state jail felony. That fraction matters.
What Is the Penalty for a State Jail Felony Marijuana Charge in Texas?
A state jail felony carries a sentence of 180 days to 2 years in state jail and a fine of up to $10,000.
Can I Get a Marijuana Charge Dismissed in Texas?
Possibly. Dismissals may be available through pretrial diversion, constitutional challenges to the search, evidence problems, or prosecutor discretion. Outcomes depend on the facts of your case.
Are THC Vapes Illegal in Texas?
Yes. Any amount of THC concentrate is a felony in Texas under Penalty Group 2 laws, even if the cartridge weighs less than a gram.
The Weight on the Scale Matters More Than You Think
The difference between a misdemeanor and a felony marijuana charge in Texas comes down to a number on a scale. More than 4 ounces, and you're facing state jail time, a permanent felony record, and consequences that reach far beyond the courtroom. A vape cartridge in your pocket can carry the same charge as a bag of flower, and Delta-8 products sold legally in stores can still lead to arrest if an officer's field test comes back positive.
If you've been charged with possession in Houston or anywhere in Harris County, don't wait to see what happens. Contact Benavides Law Group for a free, confidential consultation. We'll review the evidence, challenge illegal searches, and fight to protect your record and your future. Se habla Español.