| Offense | Penalty | Incarceration | Max. Fine |
Possession |
|||
| 2 oz or less | Misdemeanor | 180 days | $ 2,000 |
| 2 - 4 oz | Misdemeanor | 1 year | $ 4,000 |
| 4 oz to 5 lbs | Felony | 180 days* - 2 years | $ 10,000 |
| 5 - 50 lbs | Felony | 2* - 10 years | $ 10,000 |
| 50 - 2000 lbs | Felony | 2* - 20 years | $ 10,000 |
| More than 2000 lbs | Felony | 5* - 99 years | $ 50,000 |
| * Mandatory minimum sentence | |||
Sale |
|||
| 7 g or less for no remuneration | Misdemeanor | 180 days | $ 2,000 |
| 7 g or less | Misdemeanor | 1 year | $ 4,000 |
| 7 g to 5 lbs | Felony | 180 days* - 2 years | $ 10,000 |
| 5 - 50 lbs | Felony | 2* - 20 years | $ 10,000 |
| 50 - 2000 lbs | Felony | 5* - 99 years | $ 10,000 |
| More than 2000 lbs | Felony | 10* - 99 years | $ 100,000 |
| To a minor | Felony | 2* - 20 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Cultivation |
|||
| See Possession section for penalty details. | |||
Hash & Concentrates |
|||
| Possession of less than 1 g | Felony | 180 days - 2 years | $ 10,000 |
| Possession of 1 - 4 g | Felony | 2 - 10 years | $ 10,000 |
| Possession of 4 - 400 g | Felony | 2 - 20 years | $ 10,000 |
| Possession of more than 400 g | Felony | 10 years - life | $ 50,000 |
| Manufacture or delivery of less than 1 g | Felony | 180 days - 2 years | $ 10,000 |
| Manufacture or delivery of 1 - 4 g | Felony | 2 - 20 years | $ 10,000 |
| Manufacture or delivery of 4 - 400 g | Felony | 5 - 99 years | $ 10,000 |
| Manufacture or delivery of more than 400 g | Felony | 10 years - life | $ 10,000 |
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | N/A | $ 500 |
| Sale of paraphernalia (first offense) | Misdemeanor | 1 year | $ 4,000 |
| Sale of paraphernalia (subsequent offense) | Felony | 90 days* - 1 year | $ 4,000 |
| To a minor | Felony | 180 days* - 2 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Miscellaneous |
|||
| Falsifying a drug test | Misdemeanor | 180 days | $ 2,000 |
| A person's driver's license is automatically suspended on final conviction of a drug offense. | |||
Penalty Details
Possession
Possession of 2 ounces or less of marijuana is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
Possession of between 2 and 4 ounces of marijuana is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 pounds of marijuana is a 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.
Possession of between 5 pounds and 50 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 pounds and 2,000 lbs of marijuana 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.
Possession of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
See
- Texas Stat. Code § 481.121 Web Search
- Texas Stat. Code § 12.33 Web Search
- Texas Stat.Code § 12.34 Web Search
- Texas Stat.Code § 12.35 Web Search
- Texas Stat. Code § 12.21 Web Search
- Texas Stat. Code § 12.22 Web Search
Sale
The sale or delivery of 7 grams of marijuana or less, as a gift, is a misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
The sale or delivery of 7 grams of marijuana or less, is a misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
The sale or delivery of between 7 grams and 5 pounds is a 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.
The sale or delivery of between 5 pounds and 50 pounds of marijuana 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.
The sale or delivery of between 50 pounds and 2,000 pounds of marijuana 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.
The sale or delivery of more than 2,000 pounds of marijuana 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 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.
See
- Texas Stat.Code § A481.120 Web Search
- Texas Stat. Code § A481.122 Web Search
- Texas Stat. Code § 12.32 Web Search
- Texas Stat. Code §12.33 Web Search
- Texas Stat. Code § 12.35 Web Search
- Texas Stat. Code § 12.21 Web Search
- Texas Stat. Code § 12.22 Web Search
Cultivation
Cultivation in Texas will be punished based upon the aggregate weight of the plants found. See the "Possession" section for further penalty details.
Hash & Concentrates
Hashish and concentrates are not considered marijuana.
See
- Texas Stat, Code § 481.002(26)(A) Web Search
Possession of hashish or concentrates is a crime. If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a term of imprisonment no less than 2 years and no greater than 10 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.
See
- Texas Stat. Code § 481.116 Web Search
- Texas Stat. Code § 12.35 Web Search
- Texas Stat. Code § 12.34 Web Search
- Texas Stat. Code § 12.33 Web Search
Manufacturing and selling hashish or concentrates also is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.
See
- Texas Stat. Code § 481.113 Web Search
- Texas Stat. Code § 12.35 Web Search
- Texas Stat. Code § 12.33 Web Search
- Texas Stat. Code § 12.32 Web Search
The sale of hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is a felony, punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.
See
- Texas Stat. Code § 481.122 Web Search
- Texas Stat. Code §12.33 Web Search
Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.
See
- Texas Stat. Code § 481.002(17) Web Search
- Texas Stat. Code § 481.125 Web Search
- Texas Stat. Code § 12.23 Web Search
- Texas Stat. Code § 12.21 Web Search
If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.
See
- Texas Stat. Code § 481.134(b) Web Search
If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.
See
- Texas Stat. Code § 481.140 Web Search
Paraphernalia
Possession of paraphernalia is a Class C misdemeanor, punishable by a fine not to exceed $500.
Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.
Selling paraphernalia to a minor 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.
See
- Texas Stat. Code § 481.125 Web Search
- Texas Stat. Code § 12.35 Web Search
- Texas Stat. Code § 12.21 Web Search
- Texas Stat. Code § 12.23 Web Search
Miscellaneous
Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
See
- Texas Stat. Code § A481.133 Web Search
- Texas Stat. Code § 12.22 Web Search
A person's driver's license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.
See
- Texas Stat. Code § 521.372 Web Search
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
TAX STAMPS
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.
Texas Marijuana Arrests
| Texas | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | 68,866 | 75,002 | 74,529 | 69,182 | 71,069 | 0.8% |
| Sales | 1,494 | 1,944 | 1,682 | 1,595 | 1,493 | 0.0% |
| Total | 70,360 | 76,946 | 76,211 | 70,777 | 72,562 | 0.8% |
ARC: Annual Rate of Change
Source: Federal Bureau of Investigation, Uniform Crime Reporting Program
































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