Let Us Evaluate Your Case Se Habla EspaƱol

Penalties for Marijuana Possession in Texas

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 legalized marijuana.

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 aggressive defense!