If you have read the headlines in recent years, you’ve heard that
some states have passed laws decriminalizing marijuana use for recreational
purposes; a handful have legalized it.
In Alaska, Colorado, Oregon, Washington, and the District of Columbia,
laws have been passed that allow adults to possess and consume cannabis
without legal repercussions. They have
So far, a number of U.S. states have
decriminalized marijuana to some degree or another; we do not want to confuse decriminalization
with “legalization,” since they mean different things.
The states that have “decriminalized” marijuana have reduced
the penalties for people who are caught with the drug. Usually, decriminalization
means that a state has reduced the fines for possessing small amounts of
marijuana and there is no jail time for the offense.
For example, in California, the maximum fine for a small amount of marijuana
is a mere $100 – an infraction under California law. In New York,
it’s also a $100 fine and the offense is not classified, meaning
it’s not even a misdemeanor.
What about Texas? Has the state decriminalized marijuana
possession like many other states? Unfortunately, no it has not. Texas is known for
being tough on crime and marijuana possession is no different.
What are the penalties for marijuana possession in Texas?
In Texas, you can find the state’s drug laws under the Health and
Safety Code, also known as the
Texas Controlled Substances Act. Under Texas law, the penalties for possessing marijuana are as follows:
- 2 ounces or less is a misdemeanor, punishable by up to 180 days in jail
and up to a $2,000 fine.
- 2 to 4 ounces of marijuana is a misdemeanor, punishable by up to 1 year
in jail and a fine not to exceed $4,000.
4 ounces to 5 pounds of marijuana is a
felony, punishable by up to 2 years behind bars, and a fine not to exceed $10,000.
The above are the penalties for possession only. If you give 7 grams or
less of marijuana to someone else without accepting payment, it is a misdemeanor,
punishable by up to 180 days in jail and a fine not to exceed $2,000.
If you sell 7 grams or less of marijuana to another person, it is a misdemeanor,
punishable by up to 1 year in jail and up to a $4,000 fine.
If you are facing marijuana charges in Plano, Dallas or Fort Worth,
contact The Zendeh Del Law Firm, PLLC for an