Texas Marijuana Laws

Possession

Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

Possession of between 4 ounces and 5 lbs. of marijuana is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

Possession of between 5 lbs. and 50 lbs. of marijuana is a Third Degree felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.

Possession of between 50 lbs. and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

Possession of more than 2,000 lbs. of marijuana is a Felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.

Sale

The sale or delivery of 7 grams of marijuana or less, for no remuneration, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

The sale or delivery of 7 grams of marijuana or less, for remuneration is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.

The sale or delivery of between 7 grams and 5 lbs. is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 5 lbs. and 50 lbs. of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

The sale or delivery of between 50 lbs. and 2,000 lbs. of marijuana is a First Degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment, a maximum sentence of life imprisonment, and a fine not to exceed $10,000.

The sale or delivery of more than 2,000 lbs. of marijuana is a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a fine not to exceed $100,000.

Selling marijuana to a child is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.

Cultivation

Cultivation in Texas will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.

Hash & Concentrates

Hashish and concentrates are not considered marijuana.

Possession of hashish or concentrates is a crime. If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a term of imprisonment no less than 2 years and no greater than 10 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.

Manufacturing, delivering, or possessing with intent to deliver hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.

If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.

Delivering hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.

Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C Misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.

If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

Paraphernalia

Possession of paraphernalia is a Class C misdemeanor, punishable by a fine not to exceed $500.

Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.

Selling paraphernalia to a minor is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.

Miscellaneous

Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.

A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.

OFFENSE PENALTY INCARCERATION MAX FINE

Possession

2 oz or less misdemeanor 180 days $ 2,000
2 – 4 oz misdemeanor 1 year $ 4,000
4 oz to 5 lbs felony 180 days* – 2 years $ 10,000
5 – 50 lbs felony 2* – 10 years $ 10,000
50 – 2000 lbs felony 2* – 20 years $ 10,000
More than 2000 lbs felony 5* – 99 years $ 50,000

* Mandatory minimum sentence

Sale

7 g or less for no remuneration misdemeanor 180 days $ 2,000
7 g or less misdemeanor 1 year $ 4,000
7 g to 5 lbs felony 180 days* – 2 years $ 10,000
5 – 50 lbs felony 2* – 20 years $ 10,000
50 – 2000 lbs felony 5* – 99 years $ 10,000
More than 2000 lbs felony 10* – 99 years $ 100,000
To a minor felony 2* – 20 years $ 10,000

* Mandatory minimum sentence

Hash & Concentrates

Possession of less than 1 g felony 180 days – 2 years $ 10,000
Possession of 1 – 4 g felony 2 – 10 years $ 10,000
Possession of 4 – 400 g felony 2 – 20 years $ 10,000
Possession of more than 400 g felony 10 years – life $ 50,000
Manufacture or delivery of less than 1 g felony 180 days – 2 years $ 10,000
Manufacture or delivery of 1 – 4 g felony 2 – 20 years $ 10,000
Manufacture or delivery of 4 – 400 g felony 5 – 99 years $ 10,000
Manufacture or delivery of more than 400 g felony 10 years – life $ 10,000

Paraphernalia

Possession of paraphernalia misdemeanor N/A $ 500
Sale of paraphernalia (first offense) misdemeanor 1 year $ 4,000
Sale of paraphernalia (subsequent offense) felony 90 days* – 1 year $ 4,000
To a minor felony 180 days* – 2 years $ 10,000

* Mandatory minimum sentence

Miscellaneous

Falsifying a drug test misdemeanor 180 days $ 2,000

A person’s driver’s license is automatically suspended on final conviction of a drug offense.

1 comment to Texas Marijuana Laws

  • jamal grays

    hi, ny bane us Jamal. a few years back i was arrested by a Ft. Worth police man for having buds on me. the amount confiscated was two steams and one seed. since then i have not been able to get a damn job any where. is there anything that this corp. can do to help me. my number is (817)741-1095

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