Texas Marijuana Laws: Is Marijuana Legal in Texas?
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Oct 21, 2024
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UPDATED: Oct 21, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Possession of marijuana is illegal in Texas. No bills to legalize marijuana have been proposed in any form since 2008. For purposes of Texas law, marijuana is spelled “marihuana” in all statutes.
What are the Penalties for the Possession of Marijuana in Texas?
Regarding arrests for possessing marijuana, the charges you face will depend on the amount of marijuana in your possession and how you intended to use it. Marijuana penalties in Texas can include incarceration, fines, and treatment for marijuana addiction. The severity of penalty will depend on the amount of use and what the intended purpose of the possession is: possession of smaller amounts intended for personal use only will bring much lesser penalties than larger amounts with the intent to sell the marijuana. If convicted, adults may face jail or prison sentences, while minors could spend time in a juvenile facility. Possession of synthetic forms of marijuana (tetrahydrocannabinols) will usually bring stiffer penalties than possession of actual marijuana.
Being charged with attempted distribution of marijuana does not require that you be caught in the act of selling it. Instead, if you possess a large amount of marijuana, measuring equipment, baggies, or other paraphernalia, this can all be used as evidence that you intended to sell, and you could easily be charged with attempted distribution. The table below shows Texas law and the maximum penalty for possession and delivery of marijuana. Remember that separate penalties also exist under federal law. Because of the often complicated nature of marijuana laws in Texas, specific penalties can vary depending on the particular circumstances of your case, so you should consult an experienced Texas marijuana attorney or Texas criminal lawyer. (Texas Health and Safety Code Sections 480.120-480.122)
Texas Marijuana Penalties Table
| Activity * | Amount | Incarceration | Fine (max) | Charge | |
|---|---|---|---|---|---|
| Possession | 2 oz or less | 6 months (max) | $2,000 |
Misdemeanor (Class B) |
|
| Over 2 to 4 oz | 1 year (max) | $4,000 |
Misdemeanor (Class A) |
||
| Over 4 oz to 5 lbs | 6 months – 2 years | $10,000 |
Felony (State) |
||
| Over 5 lbs to 50 lbs | 2 – 20 years | $10,000 |
Felony (3rd Degree) |
||
| Over 50 lbs to 2,000 lbs | 5 – 99 years | $10,000 |
Felony (2nd (Degree) |
||
| Over 2,000 lbs | 10 – 99 years or life | $50,000 |
Felony |
||
| Delivery | ¼ oz or less | Gift | 6 months (max) | $2,000 |
Misdemeanor (Class B) |
| Sale | 1 year (max) | $4,000 |
Misdemeanor (Class A) |
||
| Over ¼ oz to 5 lbs | 6 months – 2 years | $10,000 |
Felony (State) |
||
| Over 5 lbs to 50 lbs | 2 – 20 years | $10,000 |
Felony (3rd Degree) |
||
| Over 50 lbs to 2,000 lbs | 5 – 99 years | $10,000 |
Felony (2nd (Degree) |
||
| Over 2,000 lbs | 10 – 99 years or life | $100,000 |
Felony |
||
| To a Child | 5 – 99 years | $10,000 |
Felony (2nd Degree) |
||
* Enhanced penalties apply within 1000 feet of a school or 300 feet of specified areas.
Follow this link for more information about Texas Marijuana Laws and Texas Medical Marijuana Laws
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.