Possession of Marijuana in Texas
July 29, 2023
Penalties for possession of marijuana in Texas can vary depending on the amount and prior criminal records, starting from Class B misdemeanors up to First-degree Felonies. The penalties include fines, jail or prison time and are harsher for possession with intent to distribute. Also these laws can change, so it's important to consult a lawyer for specific case.
Possession of 2 ounces or less of marijuana is considered a Class B misdemeanor, and is punishable by up to 180 days in jail and a fine of up to $2,000.
Possession of 4 ounces or less, but more than 2 ounces is considered a Class A misdemeanor, and is punishable by up to 1 year in jail and a fine of up to $4,000.
Possession of 5 pounds or less, but more than 4 ounces is considered a state jail felony, and is punishable by 180 days to 2 years in state jail and a fine of up to $10,000.
Possession of 50 pounds or less, but more than 5 pounds is considered a third-degree felony and is punishable by 2 to 10 years in prison and a fine of up to $10,000.
Possession of 2,000 pounds or less, but more than 50 pounds is considered a second-degree felony and is punishable by 2 to 20 years in prison and a fine of up to $10,000.
Possession of more than 2,000 pounds is considered a first-degree felony and is punishable by 5 to 99 years in prison and a fine of up to $50,000.
It is important to note that these penalties are for possession of marijuana alone and if there is intent to distribute, the penalties can increase further. Also the law can change over time so it's always a good idea to check for the latest information and consult a lawyer for specific cases.
The possession, sale, and use of marijuana for recreational purposes is illegal in Texas. The possession of small amounts of marijuana is considered a criminal offense and can result in fines, jail time, or both. The possession of larger amounts, or the sale or distribution of marijuana, can result in even more severe penalties.
However, Texas have a strict medical marijuana program in place, which allows the use of low THC cannabis oil, for certain medical conditions like Epilepsy and others, under the recommendation and supervision of a licensed physician. Possession of low THC cannabis oil for medical use is considered legal as long as a person has a valid prescription and meets other requirements. The law also allows for the operation of dispensaries, cultivators, and testing facilities for medical cannabis.
It's worth mentioning that marijuana is still illegal under federal law, regardless of state laws. This means that while states may legalize marijuana, the possession, sale, and distribution of marijuana are still prohibited by federal law and subject to federal prosecution.
In summary, marijuana is not legal in Texas for recreational use but there is a strict medical marijuana program in place that allows the use of low THC cannabis oil, under certain conditions and recommendation of a licensed physician. Possession and use of marijuana for medical use is considered legal but possession, sale and distribution for recreational use is illegal and can result in fines, jail time, or both. Also keep in mind that possession, sale, and distribution of marijuana is still illegal under federal law.