What are Texas’ Cannabis Laws?

What are Texas’ Cannabis Laws?

While states such as Colorado and Washington have legalized the medical and recreational use of marijuana, Texas, in contrast, continues to punish those found in possession of and/or distributing marijuana.

While drug possession charges are always affected by how much of the drug is found on you, even having less than two ounces of marijuana can land you in jail in Texas for up to 180 days, and leave you covering a fine of up to $2,000. In addition, in concentrated forms (such as hash oil), the penalty is even more significant; whereby you could be charged with a felony, spending two years in prison.

Criminal Penalties: Possession of Marijuana in Texas

In Texas, the following charges apply (depending upon how much marijuana is found):

  • Under two ounces: Class B misdemeanor; up to 180 days in jail and/or $2,000 fine;
  • Between two and four ounces: Class A misdemeanor; up to one year in jail and/or $4,000 fine;
  • Between four ounces and five pounds: felony/state jail; 180 days to two years in jail and/or $10,000 fine;
  • Between five and 50 pounds: third degree felony; between two and 10 years jail time and/or $10,000 fine;
  • Between 50 and 2000 pounds: second degree felony; between two and 20 years in jail and/or $10,000 fine;
  • More than 2000 pounds: life or between five and 99 years in Texas Department of Criminal Justice, as well as a $50,000 fine.

Criminal Penalties: Distributing Marijuana in Texas

Similarly, when it comes to penalties associated with selling marijuana, the punishment depends upon the amount being sold:

  • Any amount to a minor: felony, sentence between two and 20 years and/or $10,000 fine (Note that delivery of more than .25 ounces to a minor under the age of 17 who is enrolled in school is a second degree felony); maximum penalty of 180 days in jail and/or possibly a $2,000 fine;
  • .25 ounces (seven grams) or less: Class B misdemeanor; up to 180 days in jail and/or $2,000 fine; (if money was not exchanged); Class A misdemeanor; up to one year in prison and/or $2,000 fine (if money was exchanged);
  • .25 (seven grams) to five pounds: felony/state jail; between 180 days to two years in jail and/or $10,000 fine;
  • Five to 50 pounds: second degree felony; between two and 20 years in jail and/or $10,000 fine;
  • 50 to 2000 pounds: first degree felony; life or five to 99 years in jail and/or $10,000 fine;
  • More than 2000 pounds: life or 10 to 99 years (or life sentence) in Texas Department of Criminal Justice, and/or $100,000 fine.

Diversion Programs

Note that some courts will allow first-time offenders to complete a drug rehabilitation program instead of serving a prison sentence.

Texas Drug Charge Defense Lawyers

If you have been arrested on a drug charge, you need to speak with an experienced, effective defense attorney. The attorneys at the office of Scott M. Brown & Associates have extensive experience in cases involving drug charges. We aggressively defend the rights of our clients. Contact us today to find out more.

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