Texas Marijuana Laws 101

Marijuana Laws in Texas

The War on Drugs has been around for decades and marihuana is no exception. In Texas, the possession and distribution of marihuana are against the law. Texas drug penalties depend on the type of substance in your possession, the amount of substance in your possession, and whether you’re near a drug-free zone or minors. If you are facing marihuana charges, the penalties can be very serious.

What is Marijuana in Texas?

The term “Marihuana” is defined by the Texas Health and Safety Code as:

(26) “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” The term does not include:

(A) the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin;

(B) the mature stalks of the plant or fiber produced from the stalks;

(C) oil or cake made from the seeds of the plant;

(D) a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake; or

(E) the sterilized seeds of the plant that are incapable of beginning germination

Currently, legal medical marihuana programs exist in Texas, but conditions are strict for the program. Part of the program includes CBD oil to treat seizures in epileptic adults and children. Currently, the THC threshold for CBD oil is .05 percent. Hemp, which is a variety of the marihuana plant is also legal but more on the agricultural side. But back to marihuana. You should be mindful that most types of possession and sale of marijuana are illegal in Texas. These types of marijuana include its “flower” and “edibles” but the latter can and will land you in serious trouble. Possession of the flowers define above, is likely to get you a misdemeanor charge. Yet, possession of marihuana edibles, a controlled substance that is NOT marihuana, is always treated as a felony charge. 

Elements of Texas Marihuana Laws

Possession of Marihuana

The ranges of punishment for the possession of marihuana, either on your person or directly under your control, range depending on the quantity in your possession. Selling marihuana or possession with the intent to do so is also illegal. Penalties can range from 180 days in jail to up to 99 YEARS in prison! Fines can be pricey as they range anywhere from hundreds to $50,000.

• 2 ounces or less. This is a Class B misdemeanor. You may face 180 days in jail and a $2,000 fine;
• Between 2-4 ounces. A Class A misdemeanor and it carries 1 year in jail and a $4,000 fine;
• 4 ounces or more and up to 5 lbs. A state jail felony may land you 180 days and a  2-year prison sentence and $10,000 fine.
• 5 lbs or more and up to 50 lbs. A felony of the 3rd degree that carries a 2 to 10-year prison sentence and a $10,000 fine.
• 50 lbs or more and up to 2,000. A felony in the 2nd degree that carries a 2 to 20-year prison sentence and a $10,000 fine.
• More than 2,000 pounds. This offense is punishable by at least 5 years and up to 99 years in prison with a $50,000 fine.

Sale or delivery of Marihuana

• 7 grams or less for no remuneration. This is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
• 7 grams or less for remuneration. This offense is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
• 7 grams or more and up to 5 pounds. This offense is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
• 5 pounds or more and up to 50 pounds. This offense is a Second-Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
• 50 lbs or more and up to 2,000 lbs. This offense is a First-Degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment, a maximum sentence of life imprisonment, and a fine not to exceed $10,000.
• More than 2,000 lbs. This offense is a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a fine not to exceed $100,000.
• Selling marijuana to a child. This is a Second-Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.