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The 101 on Texas Marijuana Laws

Texas Marijuana Laws

Crimes involving the possession or sale of marijuana are among the most common drug offenses that are prosecuted in the state of Texas. Though many people may view this drug as less dangerous than other types of drugs, there are still serious penalties for marijuana offenses in this state. The penalties for these offenses can vary based on the amount of marijuana involved in a particular case and other circumstances.

Getting charged with a marijuana offense in Texas is a very serious matter. Being convicted of a drug offense can follow someone for the rest of their life. Read on to learn more about potential penalties and legal defenses for marijuana crimes.

Crimes Involving Marijuana

Texas has a range of penalty categories regarding different marijuana offenses. The three primary marijuana charges in this state are:

  • Possession
  • Sale or Distribution
  • Possession of paraphernalia

Each type of marijuana-related offense can have unique penalties if a conviction is reached.

Possession

Possession of marijuana is the most common marijuana-related criminal offense in Texas. A person who is found by law enforcement to have a measurable quantity of marijuana on their person, in their vehicle or in their residence may face possession charges. The potential penalties for this crime increase as the amount of marijuana increases. For example:

  • Possession of two ounces or less is a Class B misdemeanor punishable by up to 180 days in jail and a $2000 fine
  • Possession of two to four ounces is a Class A misdemeanor punishable by up to one year in jail and a $4000 fine
  • Possession of four ounces to five pounds is a state jail felony punishable by 180 days or up to two years in prison and a $10,000 fine
  • Possession of five to 50 pounds is a third degree felony punishable by two to 10 years in prison and a $10,000 fine
  • Possession of 50 to 2000 pounds is a second degree felony punishable by two to 20 years in prison and a $10,000 fine
  • Possession of more than 2000 pounds is a first degree felony punishable by five to 99 years in prison and a $50,000 fine

Sale or Distribution

Selling pot can have much more severe consequences than simple possession. For example:

  • A gift or seven grams or less for no payment is a Class B misdemeanor punishable by up to 180 days in jail and a $2000 fine
  • Selling seven grams or less is a Class A misdemeanor punishable by up to one year in jail and a $4000 fine
  • Selling seven grams or up to five pounds is a state jail felony punishable by 180 days to two years in prison and a fine of $10,000
  • Selling five to 50 pounds is a third degree felony punishable by two to 20 years in prison and a $10,000 fine
  • Selling 50 pounds to 2000 pounds is a second degree felony punishable by five to 99 years in prison and a $10,000 fine
  • Selling more than 2000 pounds is a first degree felony punishable by a mandatory minimum sentence of 10 years in prison or up to 99 years and a $100,000 fine
  • Selling any amount to a minor is a third degree felony punishable by two to 20 years in prison and a $10,000 fine

Paraphernalia

Marijuana paraphernalia include a wide array of devices used for smoking, vaporizing or consuming the drug. Pipes, bongs and rolling papers may all be considered marijuana paraphernalia if found by law enforcement. The punishment for marijuana paraphernalia offenses include:

  • Possession of paraphernalia is a Class C misdemeanor punishable by up to a $500 fine
  • A first offense for selling paraphernalia is Class A misdemeanor punishable by up to one year in jail and a $4000 fine
  • A second offense for selling paraphernalia is a state jail felony punishable by 90 days or up to one year in prison and a $4000 fine
  • Selling paraphernalia to a minor is a state jail felony punishable by 180 days or up to two years in prison and a $10,000 fine

Legal Defenses

Consulting with a defense attorney is the best course of action after being charged with a marijuana offense in the state of Texas. A lawyer experienced with drug cases may be able to help first-time offenders enter a plea deal on their charges. This could result in the defendant being sentenced to adjudicated probation or drug court rather than jail time. If this occurs and the defendant serves their probation term successfully, they may be able to have their record expunged.


If you have been charged with a marijuana related crime, get the legal defense you need. The Law Office of Matthew D. Sharp can help protect you. Contact his office today at (713) 868-6100.

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