What are the Marijuana Laws in Texas?

March 29, 2019

Marijuana has been mentioned in the news a lot lately. Whether it is for medicinal use or recreational use, you need to be familiar with the marijuana laws in Texas. A drug charge could haunt you for the rest of your life, so you want to avoid a conviction for marijuana or any other drugs. Attitudes about marijuana use have changed considerably through the years, and many states permit the medicinal use of marijuana while some states legalize the recreational use of the drug, while others have decided not to pursue petty offenses.

Texas, however, continues with severe punishment of marijuana offenses. But the state has passed a very restricted medical cannabis law that allows for the limited usage of low-THC, CBD cannabis oil. THC is the psychoactive component of the drug. Possessing even the smallest amount of marijuana could lead to jail time in Texas. Any amount of marijuana in your possession of two ounces or less could result in up to 180 days in jail and a $2,000 fine. If you have hash oil, you would be charged with a felony and face up to two years in state prison.

More About Texas Marijuana Laws

The amount of marijuana in your possession affects the penalty you could face.

  • Under two ounces is a Class B misdemeanor
  • Two to four ounces is a Class A misdemeanor
  • Four ounces to five pounds is a state jail felony
  • Five pounds to 50 pounds is a third-degree felony
  • 50 pounds to 2,000 pounds is a second-degree felony
  • More than 2,000 pounds is a Texas Department of Criminal Justice institution for life or 5 to 99 years plus $50,000 fine.

If you are charged with possessing marijuana for sale, there are different penalties and divisions. If you have .25 ounce or less, it is a Class B misdemeanor if there is no remuneration; .25 ounce or less with remuneration, Class A misdemeanor; .25 ounce to 5 pounds, state jail felony; 5 to 50 pounds, second-degree felony; 50 to 2,000 pounds, first-degree felony; more than 2,000 pounds, Texas Department of Criminal Justice institution for life or 10 to 99 years and/or $100,000 fine.

Delivery of more than .25 ounce of marijuana to a minor younger than 17, who is enrolled in school, is a second-degree felony, and, if these drug charges occur within a drug-free zone, the penalties will be doubled. There are some Texas court districts that have diversion programs for drug charges that allow some first-time offenders the chance to complete a rehabilitation program instead of spending time in prison.

Medicinal Marijuana in Texas

The main provisions of the Texas Compassionate Use Act include use for intractable epilepsy and allows the patient to possess marijuana in any amount just so long as it is low-THC, high-CBD oil as prescribed by a physician. Only the oil is permitted, and any other forms – such as raw herb or cannabis preparations aren’t permitted as medicinal marijuana. There are limited state-licensed facilities for dispensing the oil and marijuana cultivation isn’t permitted.

If you’ve been arrested on marijuana-related charges in Texas, then you need to retain an aggressive and experienced drug attorney that will fight on your behalf. Texas doesn’t mess around when it comes to marijuana, and these charges carry serious, long-term consequences which will impact your life many years after you’ve gone to court or served your time.

When you retain the services of an experienced Texas drug crime lawyer like those at Fears Nachawati, you can be assured that our criminal defense attorneys will fight tirelessly to defend your rights and your freedom.

If you’ve been charged for marijuana possession in Texas, then don’t delay in reaching out to the experienced drug attorneys at Fears Nachawati for a free, no-obligation legal consultation to discuss the specifics of your case. Please call (866) 705-7584 or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.

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