Marijuana in Texas

So you hear that other states have legalized marijuana and wonder what the laws look like in Texas? Hopefully, this article will help you understand both the crimes associated with marijuana (marihuana in Texas) and the possible penalties for those crimes.  In Texas, “pot” is classified as  a “controlled substance”, but is not punished as part of a penalty group like cocaine, heroin, and other controlled substances. That means that it is treated a little differently than other drugs. But “pot’ or “weed” is still an illegal substance for all Texans.

Marijuana Crimes: What did you do?

There are two basic crimes regarding marihuana: possession and sale. Each of these is treated differently. Below is a chart that lines out what type of crime either possession or sale of marijuana is:

• Class B Misdemeanor:
  
  • Possession of 2 oz or less (generally considered “personal use”)
  • Gift of 1/4 oz or less
• Class A Misdemeanor:
  • Possession of 2-4 oz
  • Sale of 1/4 oz or less
• State Jail Felony:
  • Possession of 4 oz – 5 lbs
  • Sale of 1/4 oz – 5 lbs
• Third Degree Felony:
  • Possession of 5 – 50 lbs
• Second Degree Felony:
  • Possession of 50-2000 lbs
  • Sale of 5-50 lbs
• First Degree Felony:
  • Possession of more than 2,000 lbs
  • Sale of 50-2,000 lbs

Marijuana Punishments: How much trouble are you in?

The punishments for the crime depend on the severity of the crime. And most criminal punishments are listed as a range, rather than a single punishment. That gives the judge or jury the opportunity to look at the circumstances surrounding your crime and decide what punishment is most appropriate. Below are the ranges of punishments that you could receive for the crimes listed above. Keep in mind that you might be able to get a better plea offer, but ultimately, the judge or jury decides whether to accept your plea or proceed with the statutory punishments.

• Class B Misdemeanor:
  
  • Up to 180 days in jail; and
  • Up to $2,000 fine
• Class A Misdemeanor:
  • Up to 1 year in jail; and
  • Up to $4,000 fine
• State Jail Felony:
  • No less than 180 days in jail and no more than 2 years; and
  • Up to a $10,000 fine
• Third Degree Felony:
  • No less than 2 years in jail and no more than 10 years; and
  • Up to a $10,000 fine
• Second Degree Felony:
  • No less than 2 years in jail and no more than 20 years; and
  • Up to a $10,000 fine
• First Degree Felony:
  • No less than 5 years in jail and no more than 99 years; and
  • Up to a $10,000 fine