Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Texas, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (Texas law does, however, make limited exceptions for low-THC cannabidiol oils prescribed for certain epileptic conditions.) While not covered in this article, it is a crime to drive under the influence of marijuana in Texas. (Tex. Health & Safety Code Ann. §§ 481.002, 481.032 (2019).)
It is a crime to possess or cultivate any amount of marijuana in Texas. Penalties vary according to the amount possessed or cultivated, with increased penalties for offenses committed in drug-free zones (which include schools, playgrounds, and youth centers).
(Tex. Health & Safety Code Ann. §§ 481.121, 481.134; Tex. Penal Code Ann. §§ 12.21, 12.22, 12.33, 12.34, 12.35 (2019).)
Read more about the consequences for possession of a controlled substance in Texas.
It is illegal to sell marijuana (or possess marijuana with the intent to do so) in Texas. Penalties vary according to the amount sold (or possessed with the intent to sell), with increased penalties for sales to a minor or within a drug-free zone (such as a school, playground, or youth center).
(Tex. Health & Safety Code Ann. §§ 481.120, 481.134; Tex. Penal Code Ann. §§ 12.21, 12.22, 12.32, 12.33, 12.35 (2019).)
It is illegal in Texas to manufacture, sell, or use drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Possession of paraphernalia is a Class C misdemeanor, and penalties include a fine of up to $500, but no jail time. Selling paraphernalia is a Class A misdemeanor, and may be punished with a fine of up to $4,000, up to one year in jail, or both. Selling paraphernalia to a minor is a state jail felony, punishable by a fine of as much as $10,000, between 180 days and two years in prison, or both. (Tex. Health & Safety Code Ann. § 481.125; Tex. Penal Code Ann. §§ 12.21, 12.23, 12.35 (2019).)
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, the law can change at any time. Only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.