Texas Marijuana Laws

Texas is home to a limited medical marijuana program that allows patients use of low-THC cannabis containing not more than .5% THC. Smoking is prohibited under the medical marijuana law and all patients must register with the state. Possession of even small amounts of marijuana may result in severe criminal penalties. 

Texas marijuana laws

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 2 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 2 and 4 ounces is also a misdemeanor but carries penalties of up to 1 year in jail and $4,000.

It is a felony to possess more than 4 ounces. If the amount possessed is between 4 ounces and 5 pounds, a mandatory minimum sentence of 180 days in jail applies, along with a maximum term of 2 years in prison and a top $10,000 fine. Possession of between 5 and 50 pounds is punishable by at least 2 years in prison, as many as 10 years, and fines of up to $10,000.

For weights between 50 and 2,000 pounds, the minimum penalty is 2 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 5 years in prison, as many as 99 years, and fines of 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 distribute 7 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 1 year in jail and a fine of $4,000.

Selling between 7 grams and 5 pounds, meanwhile, is a felony and is punishable by at least 180 days in jail, as many as 2 years in prison, and up to $10,000 in fines. For weights between 5 and 50 pounds, the minimum is 2 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 5 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 in fines.

It is likewise a felony to sell any amount of marijuana to a minor. There is a mandatory minimum sentence of 2 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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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 1 gram of concentrate is punishable by at least 180 days in jail, as many as 2 years in prison, and up to $10,000 in fines. Possession of between 1 and 4 grams carries a mandatory minimum sentence of 2 years in prison, a maximum of 10 years, and a fine of up to $10,000.

The minimum penalty for possession of between 4 and 400 grams of concentrate is 2 years in prison, while the maximum is 20 years and a fine of $10,000. Possessing more than 400 grams carries a penalty of 10 years to life in prison, plus a fine of up to $50,000.

Making, delivery, or selling less than 1 gram of concentrate is punishable by at least 180 days in jail, as many as 2 years in prison, and fines of up to $10,000. If the amount is between 1 and 4 grams, the minimum penalty increases to 2 years in prison, the maximum increases to 20 years, and the top fine is $10,000.

A penalty of between 5 and 99 years in prison is imposed for manufacture, sale, or delivery of between 4 and 400 grams. Finally, if the offense involves more than 400 grams, the punishment is 10 years to life in prison plus a fine of 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 1 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 1 year, and up to $4,000 in fines.

Sale to a minor. Selling paraphernalia to a minor at least 3 years younger than the distributor is punishable by at least 180 days in jail, as many as 2 years in prison, and fines of 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:

  • Autism
  • Amyotrophic lateral sclerosis
  • Incurable neurodegenerative disorders
  • Intractable Epilepsy
  • Multiple sclerosis
  • Seizure disorders
  • Terminal cancer

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

Marijuana Attorney Directory

Texas Marijuana Attorneys

The following Texas lawyers are actively involved in the practice of cannabis law:

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