Texas Marijuana Possession Laws
Texas Marijuana Possession Laws: A Breakdown
Texas marijuana possession laws are covered under the Texas Health & Safety Code-Sect 481.032. The law covers possession, sale, penalties, sentences, medical Marijuana use, and related subjects.
Texas is among the states in the US that haven’t legalized recreational use of Marijuana (street names: Cannabis, weed, pot, or Mary Jane). While Texas has a Compassionate-Use Act allowing medical use of Marijuana, you can’t use Marijuana for fun or recreational purposes. The Act, which dates back to 2015, has been expanded several times to accommodate the specific conditions that warrant medical marijuana use.
If you are arrested in Texas with Marijuana, and you don’t meet the criteria for medical marijuana use or other criteria, you are bound to face stiff penalties. Penalties vary mainly based on the quantity of Cannabis in question. You could land in jail for possessing very small quantities. The importance of legal help can’t be overlooked. Texas has strict drug possession laws that require expert legal help to fight successfully.
Luckily, there’s an abundance of seasoned lawyers at The Medlin Law Firm with a track record of fighting marijuana charges successfully.
Texas Marijuana Possession Laws Based On Quantity
- What Texas Laws Say About Possessing 2 oz of Marijuana
Persons arrested with the smallest quantities of Cannabis in Texas (2 oz or less) risk facing the least misdemeanor charges (Class C) as per the law. These charges attract up to 6-months in jail and fines not exceeding $2,000.
- What Texas Laws Say About Possessing 2-4 oz of Marijuana
If your marijuana possession charges involve 2 to 4 oz of marijuana, you will also face a misdemeanor charge (Class A or B) which attracts up to a year in jail and fines not exceeding $4,000.
- What Texas Laws Say About Possessing 4oz-5lbs. Of Marijuana
Possession of 4oz to 5 pounds of Marijuana results in felony charges (state jail felony) that leads to a 6-24 month jail sentence and a fine not exceeding $10,000.
- What Texas Laws Say About Possessing 5lbs-50lbs. Of Marijuana
Having of 5lbs. to 50 pounds of Marijuana attracts felony charges (3rd degree) that attract a 2-10 years jail term and a fine not exceeding $10,000.
- What Texas Laws Say About Possessing 50-2,000lbs. Of Marijuana
Marijuana possession of 50-2,000 lbs. attracts felony charges (2nd degree) that result in a 2-20-year jail term and a fine up to $10,000.
- What Texas Laws Say About Possessing Over 2,000lbs. Of Marijuana
Being caught with 2,000 lbs. Or more of Marijuana is a felony charge (1st degree) that is equivalent to a 5-99-year jail term and a fine up to $50,000.
Marijuana Possession Charges Can Be Enhanced
Texas Marijuana possession laws offer the above penalties and jail terms for typical cases. It’s worth noting that the amount of marijuana in question may be small but attract a harsher penalty. Generally, Marijuana possession laws in Texas have a provision for enhancing charges in specific circumstances.
For instance, a misdemeanor can be enhanced to a felony charge if the offense involves a repeat offender. The same applies to a charge linked to another crime besides illegal possession of Marijuana. For instance, if you are arrested with Marijuana and an illegal firearm, you risk harsher penalties than normal. The same applies to being in possession of Cannabis while committing another crime i.e., burglary, assault, etc.
What Texas Marijuana Laws Say About Selling Marijuana
Possession of Marijuana in Texas can take several forms. To sell Marijuana, you need to have physical possession in many cases. Texas Marijuana possession laws are harsher for those who sell than those who simply possess for their own persons/recreational use.
- What Texas Laws Say About Selling 7g or less of Marijuana
Possessing with the intent to sell attracts harsher penalties. If the said amount is 7g or less, you risk facing a misdemeanor charge (Class B) that attracts up to a 180-day jail term and fines not exceeding $2,000. These penalties apply for no remuneration; otherwise the jail time and fine increase to a year and up to $4,000, respectively.
- What Texas Laws Say About Selling 7g – 5 Pounds of Marijuana
If you get caught with 7g to 5 lbs. Of Marijuana selling or attempting to sell in Texas, you can expect state jail felony charges that attract up to $10,000 (fine) and 6-months to 2-years in jail.
- What Texas Laws Say About Selling 5 to 50 Pounds of Marijuana
Selling 5-50 pounds of Cannabis can be a second or third-degree felony charge carrying a 2-20-year jail term and a fine not exceeding $10,000.
- What Texas Laws Say About Selling 50 to 2,000 Pounds of Marijuana
Individuals caught with 50 to 2,000 pounds of Cannabis selling or intending to sell risk first-degree felony charges which carry a sentence of 5-99 years and a fine not exceeding $10,000.
- What Texas Laws Say About Selling 2,000 Pounds+ of Marijuana
Persons who are arrested with over 2,000 pounds of marijuana intending to sell or while selling can expect first-degree felony charges that carry 10-99-years in prison and fines not exceeding $100,000.
What Texas Laws Say About Selling Marijuana In Specific Scenarios I.E., Selling To Minors
If you possess Marijuana in Texas and are caught trying to sell or selling to minors, you can get a 2-20-year sentence and face up to $10,000 in fines. Selling Marijuana to minors is treated as a second-degree felony.
Like typical possession with the intention to use, possessing to sell can result in enhanced charges and harsher penalties if you are a repeat offender or are caught selling while committing another crime. For instance, being in possession of an illegal firearm while selling Cannabis will attract harsher penalties than normal.
You shouldn’t worry about Texas marijuana possession laws and selling only. Texas laws are also tough on persons found cultivating Marijuana. Punishments vary mainly based on the weight of the Marijuana in question. Most importantly, being caught cultivating Marijuana illegally in Texas is treated as possessing Marijuana.
Texas Laws Based On Possession Of Different Forms Of Marijuana
Possessing forms of Marijuana such as concentrates and hashish is an offense in Texas. Making Hash and concentrates is also an offense as per Texas Marijuana Possession Laws.
- What Texas Laws Say About Possessing 1g or less of Hash & Concentrates
Possessing a gram or less of hash or Marijuana concentrates attracts state jail felony penalties (6-24months in prison and a fine not exceeding $10,000).
- What Texas Laws Say About Possessing 1-4g of Hash & Concentrates
If you are caught with 1-4 grams of Hash or Concentrates, you can expect 3rd-degree felony penalties i.e., 2-10 years in prison and up to $10,000 in fines.
- What Texas Laws Say About Possessing 4-400g of Hash & Concentrates
You can expect more jail time i.e., up to 20 years, and a similar fine (not exceeding $10,000).
- What Texas Laws Say About Possessing 400g+ of Hash & Concentrates
Having more than 400 grams of Hash or Cannabis concentrates can attract a decade to life in prison and fines (not exceeding $50,000).
- What Texas Laws Say About Manufacturing 1g or Less of Hash & Concentrates
Manufacturing Marijuana concentrates or Hash attracts harsher penalties even if the amount in question is small. For instance, a gram or less can result in a 6-month to 24-months in jail and a fine (up to $10,000).
- What Texas Laws Say About Manufacturing 1g -4g of Hash & Concentrates
Making a gram to 4g of cannabis results in a 2-20-year jail term and a fine (up to $10,000).
- What Texas Laws Say About Manufacturing 4g-400g of Hash & Concentrates
Manufacturing larger quantities 4 to 400 grams attracts a 5 to 99-year jail sentence. The fine remains the same (up to $10,000).
- What Texas Laws Say About Manufacturing 400g+ of Hash & Concentrates
Making anything above 400 grams can attract a decade to a lifetime in prison and a fine (not exceeding $10,000.
Texas Laws Based On Possession Of Marijuana Paraphernalia
Texas Marijuana Possession laws cover possession of Marijuana paraphernalia which is an indication of possession and use. Penalties vary based on different factors from simple possession to selling paraphernalia and who you sell to i.e., minors.
- What Texas Laws Say About Possession of Marijuana Paraphernalia
Being caught with paraphernalia that suggests possession, usage, or sale is a misdemeanor offense that attracts up to $500 in fines.
- What Texas Laws Say About Selling Marijuana Paraphernalia
If you are caught selling Marijuana paraphernalia for the first time, you risk a year in jail and a fine (not exceeding $4,000).
- What Texas Laws Say About Selling Marijuana Paraphernalia Repeatedly
Repeat offenders risk felony charges that attract 3 to 12 months in jail and a fine (not exceeding $4,000).
- What Texas Laws Say About Selling Marijuana Paraphernalia to Minors
Selling Marijuana or Marijuana paraphernalia to minors is a felony offense with penalties such as a $10,000 fine and 6-months to 24-months in jail.
Texas Marijuana Possession Laws are vast and complex, with serious penalties even for possession or related incidences (selling or being caught with paraphernalia). Considering your freedom is at risk, you shouldn’t tackle Cannabis possession or related charges alone without seasoned legal help from lawyers such as those at The Medlin Law Firm with proven drug crime expertise.