Introduction
Texas treats marijuana possession and delivery by strict weight brackets, and the line between a misdemeanor and a felony comes sooner than many people expect. For plant cannabis (“marihuana”) possession, the felony threshold is crossed once the total possessed is more than four ounces. From that point up to five pounds, the offense is a state jail felony, with higher felony degrees at higher weights. Delivery is even harsher.
If prosecutors can show you transferred more than one-quarter ounce—even without pay—you’re already in felony territory for delivery, and the degree escalates rapidly with weight. This is a separate crime from possession and is charged under a different statute. Another trap is concentrates and many infused products.
Texas law does not treat THC oils, wax, and most edibles as “marihuana.” They’re prosecuted under the Penalty Group 2 rules for controlled substances, where even less than one gram can be a felony. The state counts the total weight of the mixture, not just the THC inside, so a single cartridge or dense edible can push a case into steeper ranges.
Finally, aggravators can raise the stakes. Delivering near a school or other drug-free zone bumps the punishment range up a degree. Sentencing ranges for state jail, third-degree, second-degree, and first-degree felonies are set in the Penal Code and can include prison and fines. Debates about hemp-derived THC and delta-8 don’t change these core marijuana felony thresholds, so always check current status before you rely on headlines.
Is 4 ounces of marijuana a felony in Texas?
No—exactly 4 ounces (≤4 oz but >2 oz) of plant marijuana is a Class A misdemeanor. The felony line is crossed at more than 4 ounces. If the amount is >4 oz to ≤5 lb, possession becomes a state jail felony; >5 lb to ≤50 lb becomes a third-degree felony; >50 lb to ≤2,000 lb is a second-degree felony; and >2,000 lb is a first-degree felony with a possible $50,000 fine cap in addition to imprisonment. These brackets come straight from the possession statute and drive how prosecutors charge a case.
How many grams of marijuana make it a felony in Texas?
Texas statutes list ounces and pounds, but the practical conversion is useful. Four ounces is roughly 113 grams. Because the law says felony possession begins at more than four ounces, the break point is anything above ~113 grams of plant marijuana.
Keep in mind officers weigh the usable quantity of marijuana seized. Once the lab reports a net weight above that threshold, prosecutors can charge at least a state jail felony for possession. For concentrates, different rules apply and the felony line is much lower.
What are the penalties for possessing more than 4 ounces but 5 pounds or less?
That range is a state jail felony. Under Texas Penal Code §12.35, state jail felonies carry 180 days to 2 years in a state jail facility and a fine up to $10,000. Courts can also impose community supervision in some cases, but the charge is still a felony with all the collateral consequences that follow.
If the quantity is between 5 and 50 pounds, the charge jumps to a third-degree felony, with 2 to 10 years in prison and up to a $10,000 fine; higher brackets go to second- and first-degree ranges with even steeper exposure.
Does intent to sell change the felony threshold?
Yes—delivery is its own offense with a lower felony threshold. If the state proves you transferred more than one-quarter ounce of marijuana, it’s already a felony (state jail) for delivery.
If you transfer ¼ oz or less, the charge is a misdemeanor unless you took payment, in which case it’s a higher misdemeanor. As weights increase—over 5 lb, 50 lb, etc.—delivery becomes second- or first-degree felonies faster than simple possession does. So even with small amounts, facts that fit “delivery” can turn a case into a felony where simple possession might have been a misdemeanor.
Are THC vapes, oils, dabs, and many edibles felonies at any amount?
Often, yes. Texas treats most THC concentrates (oils, wax, shatter, distillate, many edibles and cartridges) as Penalty Group 2 controlled substances, not “marihuana.” Under §481.116, less than one gram is a state jail felony; 1–4 g is a third-degree felony; 4–400 g is a second-degree felony; and over 400 g is a first-degree felony. The law counts the aggregate weight of the mixture—so the whole edible or liquid counts, not just the THC molecule—making concentrates much riskier by weight than flower.
How does Texas measure weight—does the whole product count?
For controlled substances, Chapter 481 explicitly says the weight includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance.
That’s why a 2-gram vape cartridge can trigger a felony even if the THC itself weighs less than that. For plant marijuana cases under the possession statute, police and labs focus on a usable quantity of the plant material, and the felony brackets are set by ounces and pounds. Packaging doesn’t count—but the edible batter, carrier oil, or gummy base will, when the charge is brought under the Penalty Group 2 rules.
What are drug-free zone enhancements and why do they matter?
If an offense happens in a drug-free zone (for example, near a school, youth center, or playground), Texas enhances the punishment range. A delivery offense that would usually be a state jail felony becomes a third-degree; a third-degree becomes a second-degree, and so on.
These enhancements can also affect minimum terms and fines. It’s a location-based penalty bump that can turn a borderline case into serious prison exposure.
Does the Good Samaritan overdose law protect marijuana possession?
Texas has a limited Good Samaritan defense for certain possession cases when a person calls for emergency help during an overdose. The defense applies to the lowest two possession brackets (the misdemeanor tiers) and only if specific conditions are met—calling first, staying on scene, and cooperating, with limits for repeat use of the defense. It does not excuse felony-level possession or delivery, but it can keep some low-level possession calls from becoming convictions.
Do local decriminalization policies change felony thresholds?
Local resolutions and policing priorities in some Texas cities may reduce arrests or favor citations for very small amounts, but they don’t change state law.
If the weight and facts fit a felony under Chapters 481 and 12, the felony brackets still apply anywhere in Texas, and county prosecutors can pursue them. The safest reading is to assume the statewide statutes control unless and until the Legislature changes them—and to understand that concentrates are treated far more harshly than flower.
What about headlines on delta-8 or delta-9 hemp products—do they affect the felony line?
Not the core felony line for marijuana possession. Retail fights over intoxicating hemp-derived THC mostly target what stores can sell and how; they don’t rewrite the marijuana possession thresholds in §§481.121 and 481.120. If a retail ban takes effect, it would primarily affect hemp products and create new penalties there. Always verify the latest status before making assumptions about products on shelves.
General information only, not legal advice. If you’re facing charges, speak with a licensed Texas criminal defense attorney.