Texas Marijuana Laws
Texas marijuana laws are particularly harsh, and even simple possession can have serious consequences. Those with intractable epilepsy are permitted to use medical CBD, but any other use of the drug is a crime. Possession for non-medical use has been decriminalized in certain municipalities, including Harris, Dallas and Bexar Counties.
LAW BREAKDOWN
LAW BREAKDOWNS
Texas bans marijuana for any use, except for the use of non-intoxicating medical. The drug is not decriminalized, so even simple possession is a criminal offense that carries potential jail time. Penalties are among the harshest in the United States and include a potential life sentence.
Possession
Simple possession of two ounces of marijuana or less is a misdemeanor in Texas, punishable by up to 180 days in jail and $2,000 in fines. Possession of between two and four ounces is also a misdemeanor but carries penalties of up to one year in jail and $4,000.
It is a felony to possess between four ounces and five pounds of cannabis. A mandatory minimum sentence of 180 days in jail applies, along with a maximum term of two years in prison and a top $10,000 fine. Possession of between five and 50 pounds is punishable by at least two years in prison, as many as 10 years, and up to $10,000.
For weights between 50 and 2,000 pounds, the minimum penalty is two years in prison, the maximum is 20 years, and the top fine is $10,000. Finally, possession of more than 2,000 pounds carries a sentence of at least five years in prison, as many as 99 years, and up to $50,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 2 oz or less | Misdemeanor | 180 days | $ 2,000 |
| 2 – 4 oz | Misdemeanor | 1 year | $ 4,000 |
| 4 oz to 5 lbs | Felony | 180 days* – 2 years | $ 10,000 |
| 5 – 50 lbs | Felony | 2* – 10 years | $ 10,000 |
| 50 – 2000 lbs | Felony | 2* – 20 years | $ 10,000 |
| More than 2000 lbs | Felony | 5* – 99 years | $ 50,000 |
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Sale
It is a misdemeanor to sell seven grams of marijuana or less without remuneration, and the maximum sentence is 180 days in jail and $2,000 in fines. Sale of the same amount with remuneration is punishable by up to one year in jail and $4,000.
Selling between seven grams and five pounds, meanwhile, is a felony and is punishable by at least 180 days in jail, as many as two years in prison, and up to $10,000 in fines. For weights between five and 50 pounds, the minimum is two years in prison, the maximum is 20 years, and a fine of $10,000 is possible.
Selling between 50 and 2,000 pounds carries a minimum penalty of five years in prison, a maximum of 99 years, and a top fine of $10,000. Sale of more than 2,000 pounds is punishable by at least 10 years in prison, as many as 99 years, and up to $100,000.
It is likewise a felony to sell any amount of marijuana to a minor. There is a mandatory minimum sentence of two years in prison, a maximum of 20 years, and a fine of up to $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 7 g or less for no remuneration | Misdemeanor | 180 days | $ 2,000 |
| 7 g or less | Misdemeanor | 1 year | $ 4,000 |
| 7 g to 5 lbs | Felony | 180 days* – 2 years | $ 10,000 |
| 5 – 50 lbs | Felony | 2* – 20 years | $ 10,000 |
| 50 – 2000 lbs | Felony | 5* – 99 years | $ 10,000 |
| More than 2000 lbs | Felony | 10* – 99 years | $ 100,000 |
| To a minor | Felony | 2* – 20 years | $ 10,000 |
| * Mandatory minimum sentence | |||
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Cultivation
Marijuana cultivation is treated as possession in Texas. The same weight limits and penalties apply.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| See Possession section for penalty details. | |||
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Hash and Concentrates
Texas imposes especially harsh penalties for possession, manufacture, sale, or delivery of hashish, hash oil, and other marijuana concentrates. Special weight limits apply, and all offenses are felonies.
Possession of less than one gram of concentrate is punishable by at least 180 days in jail, as many as two years in prison, and up to $10,000 in fines. Possession of between one and four grams carries a mandatory minimum sentence of two years in prison, a maximum of 10 years, and up to $10,000.
The minimum penalty for possession of between four and 400 grams of concentrate is two years in prison, while the maximum is 20 years and $10,000. Possessing more than 400 grams carries a penalty of 10 years to life in prison, plus up to $50,000.
Making, delivery, or selling less than one gram of concentrate is punishable by at least 180 days in jail, as many as two years in prison, and fines of up to $10,000. If the amount is between one and four grams, the minimum penalty increases to two years in prison, the maximum increases to 20 years, and the top fine is $10,000.
A penalty of between five and 99 years in prison is imposed for manufacture, sale, or delivery of between four and 400 grams. Finally, if the offense involves more than 400 grams, the punishment is 10 years to life in prison plus up to $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of less than 1 g | Felony | 180 days – 2 years | $ 10,000 |
| Possession of 1 – 4 g | Felony | 2 – 10 years | $ 10,000 |
| Possession of 4 – 400 g | Felony | 2 – 20 years | $ 10,000 |
| Possession of more than 400 g | Felony | 10 years – life | $ 50,000 |
| Manufacture or delivery of less than 1 g | Felony | 180 days – 2 years | $ 10,000 |
| Manufacture or delivery of 1 – 4 g | Felony | 2 – 20 years | $ 10,000 |
| Manufacture or delivery of 4 – 400 g | Felony | 5 – 99 years | $ 10,000 |
| Manufacture or delivery of more than 400 g | Felony | 10 years – life | $ 10,000 |
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Paraphernalia
Texas prohibits the possession or sale of marijuana paraphernalia unless it is intended, marketed, and sold only for legal use. Possession is partially decriminalized, treated as a misdemeanor with no jail time and a $500 fine.
Use and possession. Possession of marijuana is a class C misdemeanor, punishable by a fine of up to $500.
Sale and delivery. Sale of paraphernalia is a class A misdemeanor on a first offense and is punishable by up to one year in jail and $4,000 in fines. A subsequent offense is a felony with a minimum penalty of 90 days in jail, a maximum of one year, and up to $4,000 in fines.
Sale to a minor. Selling paraphernalia to a minor at least three years younger than the distributor is punishable by at least 180 days in jail, as many as two years in prison, and up to $10,000.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia | Misdemeanor | N/A | $ 500 |
| Sale of paraphernalia (first offense) | Misdemeanor | 1 year | $ 4,000 |
| Sale of paraphernalia (subsequent offense) | Felony | 90 days* – 1 year | $ 4,000 |
| To a minor | Felony | 180 days* – 2 years | $ 10,000 |
| * Mandatory minimum sentence | |||
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Miscellaneous
It is a misdemeanor in Texas to falsify a drug test, and the maximum penalty is 180 days in jail plus $2,000 in fines. Any marijuana conviction will result in a driver’s license suspension.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Falsifying a drug test | Misdemeanor | 180 days | $ 2,000 |
| A person’s driver’s license is automatically suspended on final conviction of a drug offense. | |||
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Medical Marijuana
MEDICAL MARIJUANA
Texas allows medical marijuana in its most limited form; non-intoxicating CBD oil.
QUALIFYING CONDITIONS:
Intractable epilepsy
PATIENT POSSESSION LIMITS:
Cannabis extracts that are high in CBD and have less than 0.5 percent THC.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
Yes, up to three licensed dispensaries.
CAREGIVERS:
No
RECIPROCITY:
No
Texas Marijuana Attorneys
The following Texas lawyers are actively involved in the practice of cannabis law:
