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
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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.
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 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.
Texas Marijuana Charge Penalties
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
Medical Marijuana
Within the state of Texas, Medical Marijuana is considered to be illegal both for patient use and cultivation
