Texas Marijuana Laws

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).)

Marijuana Possession and Cultivation Laws and Potential Penalties in Texas

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).

• Two ounces or less. The offense is a Class B misdemeanor, and penalties include up to 180 days in jail, a fine of as much as $2,000, or both.
• More than two ounces, but less than four ounces. The offense is a Class A misdemeanor, and penalties include up to one year in jail, a fine of as much as $4,000, or both.
• Four ounces or more, up to and including five pounds. The offense is a state jail felony, and penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
• More than five pounds, up to and including 50 pounds. The offense is a third degree felony, and penalties include a fine of up to $10,000, between two and ten years in prison, or both.
• More than 50 pounds, up to and including 2,000 pounds. The offense is a second degree felony, and penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
• More than 2,000 pounds. Penalties include at least five (and up to 99) years in prison, a fine of up to $50,000, or both.

(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.

Marijuana Sales Laws and Potential Penalties 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).

• Gift of one-fourth of an ounce or less. The offense is a Class B misdemeanor, and penalties include up to 180 days in jail, a fine of as much as $2,000, or both.
• Selling one-fourth of an ounce or less. The offense is a Class A misdemeanor, and penalties include up to one year in jail, a fine of as much as $4,000, or both.
• More than one-fourth of an ounce, and up to and including five pounds. The offense is a state jail felony, and penalties include a fine of up to $10,000, between 180 days and two years in prison, or both.
• More than five pounds, up to and including 50 pounds. The offense is a second degree felony, and penalties include a fine of up to $10,000, between two and 20 years in prison, or both.
• More than 50 pounds, up to and including 2,000 pounds. The offense is a first degree felony, and penalties include a fine of up to $10,000, between five and 99 years in prison, or both.
• More than 2,000 pounds. Penalties include at least ten (and up to 99) years in prison, a fine of up to $100,000, or both.

(Tex. Health & Safety Code Ann. §§ 481.120, 481.134; Tex. Penal Code Ann. §§ 12.21, 12.22, 12.32, 12.33, 12.35 (2019).)

Texas’s Drug Paraphernalia Laws and Potential Penalties

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).)

Get Legal Help

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.