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.