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| Marijuana Laws in Texas | |||
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| POSSESSION | |||
| 2 oz or less* | class B misdemeanor | 180 days | $2,000 |
| 2 to 4 oz* | class A misdemeanor | 1 year | $4,000 |
| 4 oz to 1 lb* | state jail felony | 180 days - 2 years | $10,000 |
| 1 to 5 lbs | state jail felony | 180 days - 2 years | $10,000 |
| 5 to 50 lbs | felony of the third degree | 2 - 10 years | $10,000 |
| 50 to 2,000 lbs | felony of the second degree | 2 - 20 years | $10,000 |
| More than 2,000 lbs | felony | 5 - 99 years | $50,000 |
| SALE | |||
| Gift of 1/4 oz or less | class B misdemeanor | 180 days | $2,000 |
| Sale of 1/4 oz or less | class A misdemeanor | 1 year | $4,000 |
| 1/4 oz to 5 lbs | state jail felony | 180 days - 2 years | $10,000 |
| 5 to 50 lbs | felony of the second degree | 2 - 20 years | $10,000 |
| 50 to 2,000 lbs | felony of the first degree | 5 - 99 years | $10,000 |
| 2,000 lbs or more | felony | MMS 10 - 99 years | $100,000 |
| To a minor | felony | 2 - 20 years | $10,000 |
| Within 1,000 feet of a school or within 300 feet of specified areas | misdemeanor or felony | increased penalty | increased penalty |
| MISCELLANEOUS | |||
| Paraphernalia possession | class C misdemeanor | none | $500 |
| Paraphernalia sale | class A misdemeanor | 1 year | $4,000** |
| DETAILS | |||
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* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines. ** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000 Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000. Possession of greater than two ounces is punishable by up to one year in jail and a fine up to $4,000. For greater than four ounces the penalty increases to 180 days - two years in jail and a fine up to $10,000. Possession of greater than five pounds carries a penalty of 2 - 10 years in prison and a fine up to $10,000. For greater than 50 pounds the penalties increase to 2 - 20 years in prison and a fine up to $10,000. For any amount greater than 2,000 pounds the penalty is 5 - 99 years and a fine up to $50,000. The penalty for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days in jail and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less the penalty is up to one year in jail and a fine of up to $ 3,000. For delivery or sale of amounts greater than one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of greater than five pounds is punishable by 2 - 20 years in prison and a fine up to $10,000. The penalty for delivery or sale of greater than 50 pounds is 5 - 99 years in prison and a fine up to $10,000. For any amount of 2,000 pounds or greater, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000. Any sale to a minor is punishable by 2 - 20 years in prison and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade increases the penalty classification to the next highest level. |
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Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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