Marijuana Laws in Texas

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In Texas, it is illegal to possess even the tiniest amount of cannabis. Anyone caught using or in possession of marijuana can find themselves slapped with hefty fines and jail time. And, in this state, possessing hash oil and concentrates carries even steeper penalties than that of cannabis in plant form. Possessing these derivatives will get you a felony charge, and some time in a Texas state prison.

Many states across the country have become more relaxed about marijuana. Some have passed medical cannabis laws, recreational laws, and decriminalization laws. But, this simply isn’t the case with Texas lawmakers. Marijuana charges are still punished severely in this state.

Possessing Marijuana in Texas

It’s a crime to possess any amount of marijuana in Texas. The penalties for such offenses are steep and punishable as follows:

• Under 2 ounces = Misdemeanor: Up to $2,000 fine and up to 180 days’ incarceration
• Between 2 to 4 ounces = Misdemeanor: Up to $4,000 fine and up to 1-year incarceration
• Between 4 ounces to 5 pounds = Felony: Up to $10,000 fine and mandatory minimum sentence of 180 days to up to 2 years’ incarceration
• Between 5 to 50 pounds = Felony: Up to $10,000 fine and mandatory minimum sentence of 2 years to up to 10 years’ incarceration
• Between 50 to 2,000 pounds = Felony: Up to $10,000 fine and mandatory minimum sentence of 2 years to up to 20 year’s incarceration
• Over 2,000 pounds = Felony: Up to $50,000 fine and mandatory minimum sentence of 5 years to up to 99 years’ incarceration

Concentrates & Hashish

In Texas, marijuana concentrates and cannabis hash are not considered to be marijuana. This state penalizes crimes related to possession of these derivatives much harsher than cannabis possession charges. These crimes are all felonies, and punishable as follows:

• Under 1 gram = Up to $10,000 fine and mandatory sentence of 180 days to up to 2 years in state prison
• Between 1 to 4 grams = Up to $10,000 fine and mandatory sentence of 2 to 10 years in state prison
• Between 4 to 400 grams = Up to $10,000 fine and mandatory sentence of 2 to 20 years in state prison
• Over 400 grams = Up to $50,000 fine and mandatory sentence of 10 years to up to life in state prison
  

Selling Marijuana in Texas

No one may legally deliver or sell cannabis in the State of Texas. Such crimes are punishable as follows:

• Under 7 grams as a gift = Misdemeanor: Up to $2,000 fine and up to 180 days’ incarceration
• Under 7 grams with compensation = Misdemeanor: Up to $4,000 fine and up to 1-year incarceration
• Between 7 grams to 5 pounds = Felony: Up to $10,000 fine and 180-day mandatory minimum sentence to up to 2 years’ incarceration
• Between 5 to 50 pounds = Felony: Up to $10,000 fine and 2-year mandatory minimum sentence to up to 5 years’ incarceration
• Between 50 to 2,000 pounds = Felony: Up to $10,000 fine and 5-year mandatory minimum sentence to up to 10 years’ incarceration
• Over 2,000 pounds = Felony: Up to $100,000 fine and 10-year mandatory minimum sentence to up to life in prison
• Selling to a minor = Felony: Up to $10,000 fine and 2-year mandatory minimum sentence to up to 20 year’s incarceration

Concentrates & Hashish

If an adult sells hash or concentrates to a minor under the age of 18 enrolled in school (primary or secondary), that adult is guilty of a felony crime. It’s punishable by a fine up to $10,000 and a 2-year mandatory minimum sentence to up to 20 years in a Texas state prison.

Paraphernalia

It’s a crime in Texas to possess with intent to deliver or sell, or to sell drug paraphernalia. Such related crimes are punishable as follows:

• Crimes listed above = Misdemeanor: Up to $4,000 fine and up to 1-year incarceration
• Subsequent conviction = Felony: 90-day mandatory minimum sentence to up to 1-year incarceration
• Selling to minor = Felony: Up to $10,000 fine and 180-day mandatory minimum sentence of up to 2 years in a Texas state prison
  

Growing and Manufacturing Marijuana in Texas

Anyone caught cultivating or growing marijuana or manufacturing cannabis products in the State of Texas will be charged accordingly. Related crimes are punished based on the weight of the cannabis plants or derivatives. See “Possessing Marijuana in Texas” section for penalty details.

Concentrates & Hashish

All persons found guilty of selling or manufacturing hash and cannabis concentrates in Texas will be charged with felony crimes. These felonies are punishable as follows:

• Under 1 gram = Up to $10,000 fine and 180-day mandatory minimum sentence to up to 2 years’ state prison time
• Between 1 to 4 grams = Up to $10,000 fine and 2-year mandatory minimum sentence to up to 20 years’ state prison time
• Between 4 to 400 grams = Up to $10,000 fine and 5-year mandatory minimum sentence to up to 99 years’ state prison time
• Over 400 grams = Up to $100,000 fine and 10-year mandatory minimum sentence to up to life in a Texas state prison

Paraphernalia

Texas lawmakers consider any device or equipment used to create concentrates or hash to be drug paraphernalia. Related charges are punishable as follows:

• Possession = Up to $500 fine
• Delivering, possessing or manufacturing with intent to deliver = Up to $4,000 fine a/or up to 1-year incarceration
  

Using Marijuana in Texas

Cannabis consumers must use some type of paraphernalia to use cannabis. In the State of Texas, drug paraphernalia is illegal. This state makes no provisions for either recreational use of medicinal use of marijuana.

Breaking the Marijuana Laws in Texas

Any drug conviction in Texas will lead to automatic driver’s license suspension.

It’s a misdemeanor to falsify a drug test in the State of Texas. There is a penalty of up to $2,000 and up to 180 days’ incarceration.

Mandatory Minimum Sentence

If a conviction carries a mandatory minimum sentence, this is the least amount of the time judge presiding over the case can sentence the offender. The judge does, however, have the option of sentencing the offender to the maximum amount of time allowed. Parole will not be granted until the minimum mandatory time is complete.

Texas Tax Stamp Law

In Texas, anyone in possession of cannabis is required to buy a tax stamp, and affix it to the contraband. If not, you will be penalized. This state’s tax stamp rate is $3.50 per gram if the amount is over 4 ounces. Failure to pay is a 3rd-degree felony, and punishable by a 200% hike up in the tax rate.