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Texas - Marijuana laws

In Texas, possession of even a tiny amount of marijuana can land you in jail; in fact, anything less than 2 ounces carries a maximum penalty of 180 days in jail and a fine of up to $2,000. But penalties are even more serious for possessing concentrates such as hash oil, which is charged as a felony and can result in up to two years in state prison.

Statute Texas Health & Safety §481.032, et seq.
Elements of Texas Marijuana Laws

Possession

Under 2 oz.: Class B misdemeanor; 2-4 oz.: Class A misdemeanor; 4 oz. to 5 lbs.: State jail felony; 5-50 lbs.: 3rd degree felony; 50-2000 lbs.: 2nd degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000

Sale

.25 oz. or less: Class B misdemeanor (if no remuneration); .25 oz. or less: Class A misdemeanor (with remuneration); .25 oz. to 5 lbs.: state jail felony; 5 lbs. to 50 lbs.: 2nd degree felony; 50-2000 lbs.: 1st degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000; Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony; Within drug-free zone: penalties doubled

Diversion Programs

Some court districts in Texas have drug diversion programs that allow certain first-time offenders to complete a rehabilitation program instead of serving a prison sentence.

Penalties and Sentences

The sale of just 7 grams (roughly one-quarter ounce) of cannabis also carries a maximum penalty of 180 days in jail and a possible $2,000 fine. But selling more than 50 pounds of the herb (a felony) can land you in prison for 99 years, with a mandatory minimum sentence of five years. Selling any amount of marijuana to a minor is a felony, with a maximum sentence of 20 years.

Medical Marijuana Texas Compassionate Use Act: Main Provisions
  • Illnesses: Intractable epilepsy
  • Possession: Any amount of low-THC (up to 0.5%), high-CBD (more than 10%) oil as prescribed by a physician (raw herb and other cannabis preparations are not allowed)
  • Cultivation: Not allowed
  • Dispensaries: Limited number of state-licensed facilities
  • Statute: Texas Health and Safety Code § 487.001, et seq.


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