Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 12, 2020

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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?

If you are arrested 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 penalties 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)

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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