Marijuana Laws in Texas
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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.
Current status of marijuana legalization in Texas
Marijuana legalization has been a hot topic in Texas for several years now. As of 2023, marijuana remains illegal for recreational use in Texas. Possession of up to two ounces of marijuana is considered a misdemeanor offense, which can result in a fine of up to $2,000 and up to 180 days in jail. Possession of more than two ounces is a felony offense, which can result in a fine of up to $50,000 and up to 99 years in prison.
However, in 2015, Texas passed the Compassionate Use Act, which allows the use of low-THC cannabis for the treatment of certain medical conditions. The law allows patients with epilepsy, multiple sclerosis, autism, and several other conditions to use cannabis with no more than 0.5% THC.
In addition, several bills have been introduced in the Texas Legislature that could potentially legalize marijuana for recreational use. However, none of these bills have been passed into law yet.
It’s important to keep in mind that even in states where marijuana is legal, it’s still illegal under federal law. This means that people can still face federal charges for possessing, using, or selling marijuana, even if it’s legal under state law. If you have any questions or concerns about marijuana laws in Texas, it’s always best to consult with a qualified attorney.
Possession Laws in Texas
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 pound 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 pound 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.
Distribution
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 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.
Medical Marijuana Laws in Texas
Although Texas has traditionally been among the more conservative states when it comes to marijuana legislation, things are slowly changing in the state.
In 2015, Texas passed the Compassionate Use Act, which allowed for the use of low-THC cannabis oil by patients suffering from epilepsy. Since then, the list of qualifying conditions has expanded to include diseases such as multiple sclerosis, Parkinson’s disease, and ALS.
In 2019, the Texas legislature passed House Bill 3703, which further expanded medical marijuana access in Texas. The bill added several new qualifying conditions, including terminal cancer, autism, and certain neurological disorders.
However, it’s important to note that even with these changes to medical marijuana laws, the use of any form of marijuana for recreational purposes remains illegal in Texas. Possession of even small amounts of marijuana can result in fines, probation, and even jail time.
In addition, while medical marijuana is legal in Texas, it can only be obtained with a prescription from a registered physician and can only be purchased from a licensed dispensary. Patients must also have a qualifying medical condition and meet certain other requirements to be eligible for medical marijuana use.
How to get a medical marijuana card in Texas
Obtaining a medical marijuana card in Texas is a multi-step process. Firstly, you must be a resident of Texas and be able to provide proof of residency. Secondly, you need to schedule an appointment with a registered physician who is part of the Texas Compassionate Use Program. During the appointment, the physician will evaluate your medical history and determine if you have a qualifying condition for medical marijuana use.
If you have a qualifying condition, the physician will then register you with the Texas Department of Public Safety’s Compassionate Use Program. You will then receive a unique identification number, which you will need to use when you apply for your medical marijuana card.
Once you have been registered, you will need to submit an application to the Texas Department of Public Safety, along with a $150 fee. The application will require you to provide your personal information, including your name, address, and date of birth, as well as your unique identification number.
If your application is approved, you will receive your medical marijuana card in the mail. It’s important to note that the card is only valid for one year, and you will need to renew it annually. Additionally, the card only allows you to purchase medical cannabis products from licensed dispensaries in the state of Texas.
CBD Oil Laws in Texas
CBD oil has become increasingly popular in recent years, and Texas has its own set of regulations surrounding its use. In 2019, Governor Greg Abbott signed a bill legalizing hemp-derived CBD oil as long as it contains no more than 0.3% THC.
This law made it legal for Texans to purchase, possess, and use CBD oil derived from hemp as long as it meets this requirement. However, it’s important to note that this law only applies to hemp-derived CBD oil and not marijuana-derived CBD oil.
Additionally, the Texas Department of State Health Services requires CBD oil to be tested and labeled correctly. This testing ensures that the CBD oil contains the correct amount of THC and is free of harmful contaminants.
Texas Marijuana Charge Penalties
Possession of 2 ounces or less of marijuana is considered a Class B misdemeanor and may result in up to 180 days in jail and a maximum fine of $2,000. Possession of 2 to 4 ounces is considered a Class A misdemeanor and may result in up to one year in jail and a maximum fine of $4,000.
If you are found in possession of more than 4 ounces, then you may face felony charges and significant jail time. The penalties for distribution are even more severe and can range from 180 days in jail and a maximum fine of $2,000 for distributing less than ¼ ounce to life imprisonment for distributing more than 2,000 pounds of marijuana.
Within the state of Texas, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Texas State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Texas:
Possession of Marijuana Charges
- Amount: 0 – 2 ounces
- • Penalty: 180 days’ incarceration
- • Fines: $2,000
- • Classification: Class B Misdemeanor
- Amount: 2 – 4 ounces
- • Penalty: 1 years incarceration
- • Fines: $4,000
- • Classification: Class A Misdemeanor
- Amount: 4 ounces – 1 pound
- • Penalty: 180 days to 2 years incarceration
- • Fines: $10,000
- • Classification: State Felony
- Amount: 1 – 5 pounds
- • Penalty: 180 days to 2 years incarceration
- • Fines: $10,000
- • Classification: State Felony
- Amount: 5 to 50 pounds
- • Penalty: 2 to 10 years incarceration
- • Fines: $10,000
- • Classification: 3rd Degree Felony
- Amount: 50 – 2,000 pounds
- • Penalty: 2 to 20 years of incarceration
- • Fines: $10,000
- • Classification: 2nd Degree Felony
- Amount: 2,000+ pounds
- • Penalty: 5 to 99 years of incarceration
- • Fines: $50,000
- • Classification: Felony
Cultivation and/or Intent to Distribute Marijuana
Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur upwards of $10,000 penalties and an additional 2 to 20 years incarceration
- Amount: less than 1/4th ounce (Gift)
- • Penalty: 180 days’ incarceration
- • Fines: $2,000
- • Classification: Class B Misdemeanor
- Amount: less than 1/4th ounce (Sale)
- • Penalty: 180 days’ incarceration
- • Fines: $4,000
- • Classification: Class A Misdemeanor
- Amount: 1/4th ounce – 5 pounds
- • Penalty: 180 days to 2 years incarceration
- • Fines: $10,000
- • Classification: State Felony
- Amount: 5 – 50 pounds
- • Penalty: 2 to 20 years incarceration
- • Fines: $10,000
- • Classification: 2nd Degree Felony
- Amount: 50 – 2,000 pounds
- • Penalty: 5 to 99 years incarceration
- • Fines: $10,000
- • Classification: 1stDegree Felony
- Amount: 2,000+ pounds
- • Penalty: 10 to 99 years incarceration
- • Fines: $100,000
- • Classification: Felony
Marijuana and driving laws in Texas
Marijuana and driving laws in Texas are very strict. It is illegal to drive under the influence of marijuana in Texas. The state has a ‘zero-tolerance’ policy, which means that if you have any amount of marijuana in your system while driving, you can be arrested for DUI (driving under the influence).
If you’re caught driving under the influence of marijuana in Texas, you can face heavy penalties, including fines, license suspension, and even jail time. The severity of the consequences depends on the level of impairment, the number of previous offenses, and whether or not the offense resulted in an accident causing injury or death.
It’s important to know that marijuana can stay in your system long after use, so even if you feel sober, you may still test positive for marijuana during a traffic stop. If you’re a medical marijuana patient, you should be aware that a medical marijuana card does not protect you from being arrested for driving under the influence of marijuana.
How to stay updated on Texas marijuana laws
With the changing landscape of Texas marijuana laws, it’s important to stay up-to-date on the latest developments. One of the easiest ways to do this is by setting up Google Alerts for keywords related to Texas marijuana laws, such as “Texas marijuana legalization” or “Texas marijuana laws update.” This will ensure that you receive an email notification whenever news articles or blog posts related to this topic are published online.
Another great resource is the Texas NORML website, which provides information on current Texas marijuana laws, as well as updates on proposed legislation and upcoming events. You can also join their mailing list to receive regular updates on Texas marijuana news and events.
Attending local meetings and events related to marijuana legalization can also be a great way to stay informed and network with like-minded individuals. Many cities and towns have local NORML chapters or other advocacy groups that hold regular meetings and events.
Finally, it’s always a good idea to consult with an experienced attorney who specializes in Texas marijuana laws. They can help you navigate the legal landscape and ensure that you are in compliance with current laws and regulations.
Final Word
We hope you found our article on Texas marijuana laws informative and helpful. As more states legalize marijuana for medical and/or recreational use, it’s important to stay up to date on the laws in your own state. While Texas has not yet legalized marijuana for recreational use, there are some exceptions for medical use. We encourage you to do your own research and stay informed as laws can change frequently. Thank you for reading, and stay safe!
