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Texas Marijuana Laws
Marijuana ChargesFight Marijuana Drug charges and Reduce Penalties with help from a lawyer. |
In the state of Texas, individuals found in the possession of marijuana will be arrested under the existing Texas marijuana possession laws. However, because of the wide range of severity for Texas marijuana penalties, it can often be beneficial for the charged individual to speak with a marijuana attorney about the intricacies of Texas marijuana law. Under the right circumstances, individuals guilty of marijuana possession and arrested can avoid incarceration and fines. Individuals involved in a marijuana-related arrest are recommended to speak with a knowledgeable Texas marijuana lawyer to understand their options and to clear up difficulties that may arise within the case.
According to the Drug Enforcement Administration (DEA), the state of Texas is estimated to have an annual harvest of over 69,000 lbs of marijuana. This harvest is estimated to sell at retail value for between $343 million dollars and $549 million dollars. Marijuana-related arrests in the state of Texas accounted for nearly 5% of all arrests within the state during the year of 2002. This percentage includes 49,839 arrests for the possession of marijuana and 1,804 arrests for the sale of marijuana.
Medical Marijuana Users
Texas also does not consider marijuana as a legal medical drug. For this reason, marijuana users can only be recognized as recreational users. Any individual found in possession of marijuana will be charged on a criminal platform.
Non-Medical Users:
To date, because the state of Texas does not legally view marijuana as a medicinal drug, any individual found in possession will be charged on a criminal platform. Debate about the benefits and pitfalls of the drug have been in progress for quite some time, and articles for and against reforming the laws can be seen in popular newspapers often.
Penalties for Marijuana Use or Possession in Texas:
Possession:
| Possession of less than 2 oz* | Class B Misdemeanor | Penalties include incarceration for a period of up to 180 days with a fine of $2,000 |
| Possession of between 2 oz and 4 oz* | Class A Misdemeanor | Penalties include incarceration for a period of up to 1 year with a fine of $4,000 |
| Possession of between 4 oz and 1 lb* | State Jail Felony | Penalties include incarceration for a period of 180 days to 2 years, with a fine of $10,000 |
| Possession of between 1 lb and 5 lbs | State Jail Felony | Penalties include incarceration for a period of 180 days to 2 years, with a fine of $10,000 |
| Possession of between 5 lbs and 50 lbs | Felony of the Third Degree | Penalties include incarceration for a period of 2 to 10 years with a fine of $10,000 |
| Possession of between 50 lbs and 2,000 lbs | Felony of the Second Degree | Penalties include incarceration for a period of 2 to 20 years with a fine of $10,000 |
| Possession of greater than 2,000 lbs | Felony | Penalties include incarceration for a period of 5 to 99 years with a fine of $50,000 |
| *First-time offenders with less than one pound of marijuana in their possession will face mandatory drug treatment as part of their sentence and will avoid incarceration if not previous criminal record exists. | ||
Sale:
| Gifting up to ¼ oz | Class B Misdemeanor | Penalties include incarceration for a period of 180 days with a fine of $2,000 |
| Sale of up to ¼ oz | Class A Misdemeanor | Penalties include incarceration for a period of one year with a fine of $4,000 |
| Sale of between ¼ oz and 5 lbs | State Jail Felony | Penalties include incarceration for a period of 180 days to 2 years with a fine of $10,000 |
| Sale of between 5 lbs and 50 lbs | Felony of the Second Degree | Penalties include incarceration for a period of 2 to 20 years with a fine of $10,000 |
| Sale of between 50 lbs and 2,000 lbs | Felony of the First Degree | Penalties include incarceration for a period of 5 to 99 years with a fine of $10,000 |
| Sale of greater than 2,000 lbs | Felony | Penalties include a mandatory minimum sentence of incarceration for a period of 10 to 99 years and a fine of $100,000 |
| Sale to a minor | Felony | Penalties include incarceration for a period of 2 to 20 years with a fine of $10,000 |
| Sale in an area within 1,000 ft of a school or in an area within 300 ft of other specified places | Misdemeanor or Felony | Sentencing will be determined by the amount of marijuana found, and incarceration period and fine will be increased to the next level |
Paraphernalia:
| Possession of paraphernalia | Cass C Misdemeanor | Penalties include a fine of up to $500 |
| Sale of paraphernalia | Class A Misdemeanor | Penalties include incarceration for a period of 1 year with a fine of $4,000 |
| Sale of paraphernalia to a minor (greater than 3 years younger than the seller) | State Jail Felony | Penalties include incarceration for a period of 180 days to 2 years with a fine of $10,000 |
Penalties for Driving Under the Influence of Marijuana
The state of Texas has not established any Driving Under the Influence of Drugs (DUID) law; however, any individual found operating a motor vehicle while under the influence of marijuana may be charged in the same manner as if they had been driving under the influence of alcohol.
Legal Help with a Marijuana Offense
Because of the active debate for the legalization of marijuana in the state of Texas, an informed marijuana attorney can greatly benefit a defendant during the trials of a marijuana-related courtroom case. If finances restrict the defendant from working with an outside marijuana attorney, the court can appoint counsel to any defendant facing incarceration for a period of more than six months, per a Supreme Court ruling. However, experienced marijuana lawyers and attorneys will be fully up to date on current trends in marijuana defense and typically prove to be a good investment.