State Laws

Texas Marijuana Laws

     

The state of Texas has rather high marijuana penalties. However this state does not have legal marijuana usage laws for medical use. This means that under Texas law any individual using or possessing marijuana can be held on marijuana charges as a recreational user.

Possession
Texas possession laws are very specific in which amount calls for which penalty. All possession offenses are broken into categories of amount. Any individual possessing less than one pounds on a first offense will be required to attend drug treatment, along with serving all other penalties. The possession of fewer than two ounces is considered a Class B Misdemeanor and can be punished by a fine of two thousand dollars and up to one hundred eight days in jail.

Possessing between two ounces and four ounces is considered a Class A Misdemeanor and can earn up to four thousand dollars in fines and up to one year of imprisonment. Possessing between four ounces and one pound is considered a state jail felony and is penalized by a fine of ten thousand dollars and incarceration terms between one hundred eighty days and two years. Possessing between one pounds and five pounds is also a state jail felony that can earn the same penalties.

Any possession between five pounds and fifty pounds is considered a third-degree felony and is penalized by a fine of ten thousand dollars and incarceration between two years and twenty years. Possessing between fifty pounds and two thousand pounds is a second-degree felony and carries the same penalties as a third-degree possession offense. Possessing more than two thousand pounds can earn a fine of fifty thousand dollars and incarceration between five years and ninety-nine years.

Sale
A gift of one-fourth ounce is considered a Class B Misdemeanor and comes with a fine of two thousand dollars and up to one hundred eighty days of incarceration. Selling less than one-fourth ounce is a Class A Misdemeanor and can earn incarceration of one year and a four thousand-dollar fine. Selling between one-fourth ounce and five pounds is a state jail felony that is penalized by a fine of ten thousand dollars and incarceration between one hundred eighty days and two years.

Selling between five pounds and fifty pounds is a second-degree felony that comes with a ten thousand-dollar fine and two to five years in prison. Selling between fifty and two thousand pounds is a first-degree felony and comes with a ten thousand-dollar fine and incarceration between five and ninety-nine years. The sale of more than two thousand pounds is a felony that is punishable by no less than ten and as much as ninety-nine years in prison and a one hundred thousand-dollar fine.

Any sale to a minor is a felony offense that is punished through a ten thousand-dollar fine and two to twenty years of imprisonment. Selling any amount on or within one thousand feet of school property or within three hundred feet of other specific areas can be either a misdemeanor or felony offense. This crime is penalized based on the amount sold.

See also:
Texas Gun Laws
Texas Divorce
Texas Bankruptcy Laws
Texas Gun Laws External link (opens in new window)
Texas Misdemeanor External link (opens in new window)
Texas Expungement External link (opens in new window)