Texas’s most common drug charge — and since the hemp law, one of its most beatable. Under two ounces of plant marijuana is a Class B misdemeanor with a hidden driver’s license consequence most defendants never see coming.
Charge: Possession of Marijuana, less than two ounces — Health & Safety Code § 481.121(b)(1)
Level: Class B misdemeanor
Range: Up to 180 days county jail, fine to $2,000
Court: County Court at Law in the county of arrest
How these cases play out in Central Texas courts
The 2019 hemp legislation redefined marijuana by THC concentration (above 0.3%), which means the state must prove concentration with quantitative lab testing — a burden that has quietly gutted prosecution of these cases in some jurisdictions. County practice varies across Central Texas: Travis County has long deprioritized possession cases, while other counties still file and prosecute. What doesn’t vary: a conviction triggers a driver’s license suspension and creates a permanent record. With diversion, deferred, and hemp-proof problems all available, pleading guilty quickly to ‘get it over with’ is the worst available move.
Questions we hear about this charge
Can they even prove it’s illegal marijuana anymore?
Only with quantitative THC testing — and lab capacity for it remains limited. Demanding the concentration proof is now standard defense practice, and cases dismiss on it.
Does a marijuana conviction really suspend my license?
Yes — Texas suspends driver’s licenses for drug convictions, including misdemeanor marijuana. It surprises nearly everyone and it’s avoidable with a proper resolution.
What about the THC vape in the same bag?
Different statute, different world — concentrates are Penalty Group 2 felonies. If both were charged, the felony drives the case strategy; see our PG 2 page.
Facing a POSS MARIJ <2OZ charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.