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Texas Criminal Codes

§ 49.04. DRIVING WHILE INTOXICATED. (a) A person commits
an offense if the person is intoxicated while operating a motor
vehicle in a public place.
(b) Except as provided by Subsection (c) and Section 49.09,
an offense under this section is a Class B misdemeanor, with a
minimum term of confinement of 72 hours.
(c) If it is shown on the trial of an offense under this
section that at the time of the offense the person operating the
motor vehicle had an open container of alcohol in the person’s
immediate possession, the offense is a Class B misdemeanor, with a
minimum term of confinement of six days.

§ 49.06. BOATING WHILE INTOXICATED. (a) A person commits
an offense if the person is intoxicated while operating a
watercraft.
(b) Except as provided by Section 49.09, an offense under
this section is a Class B misdemeanor, with a minimum term of
confinement of 72 hours.

Sec. 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:

  1. a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
  2. a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
  3. a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
  4. a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
  5. a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
  6. punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
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