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Have You Been Caught Selling Marijuana?

Marijuana is a controlled substance and its use is prohibited under federal law. While more and more states across the nation have legalized marijuana for recreational and medical use in their jurisdictions, Texas still classifies it as a Schedule 1 substance. This means that Texas views marijuana as having a high potential for abuse with little to no recognized medical value. Due to Texas's harsh stance on marijuana, its use, sale, possession, or distribution is a punishable crime.

Penalties for Marijuana Sales

It is unrealistic to expect that no one in Texas uses marijuana, especially considering how popular of a substance it is. Unlike states such as Washington and Colorado, where marijuana and related substances can be purchased in stores, those using marijuana in Texas oftentimes purchase this substance from an individual person.

There are penalties for selling marijuana based on the amount in possession:

  • Less than .25 ounces: $4,000 fine and 180 days in jail
  • .25 oz. to 5 pounds: $10,000 fine and 180 days to 2 years in prison
  • 5 lbs. to 50 pounds: $10,000 fine and between 2 and 20 years in prison
  • 50 lbs. to 2,000 pounds: $10,000 fine and 5 to 99 years In prison
  • Over 2,000 pounds: $50,000 fine and between 10 and 99 years in prison

Additional penalties may arise depending on the details of the case and if any other marijuana paraphernalia was found on the accused.

While Texas prohibits the sale of marijuana, the state necessitates a stamp tax be placed on these goods. A stamp tax is a tax placed on certain transactions that requires a stamp be purchased and attached to the item sold or document detailing the sale. Marijuana, under Texas law, requires a stamp to be placed, as a proof of sale, onto the substance. Any untaxed marijuana that the accused sells will be held liable for payment of the unpaid taxes.

Texas does not mess around when it comes to charging individuals in marijuana cases. Working with a drug crimes defense attorney can help explain what you are facing in court and even help to reduce or eliminate charges you may be facing.