The Texas marijuana laws are "antiquated" at best. Interestingly, one can posses up to TWO OUNCES of flower and it's a minor misdemeanor. If one has a concentrate (vape pen) or gummy, it is a felony regardless of the amount. Even 2-4 ounces of flower is still a misdemeanor. So, he very well could have had a very small amount on him and still be charged with a felony.