Legal Guide

Is Marijuana Possession a Crime in Texas?

In the past couple of years, marijuana-related laws have changed all over the nation. In certain states, you can legally indulge in marijuana-related activities and not really have to worry about getting arrested when performing these acts. Although the rules may be changing across the country, there are still some states that have not changed their laws about marijuana possession, ingesting, smoking, or growing marijuana. Texas is one of those states.

Texas actually has some pretty lengthy jail time if you are caught with marijuana or paraphernalia. If you are wanting to know the down-low on what to expect when it comes to marijuana in Texas, we’ve got you.

Is Marijuana Legal in Texas?

The undeniable truth to this question is that marijuana is not legal in Texas. If you are caught with less than two ounces of marijuana, you can be arrested and held for up to 180 days.

Believe it or not, things have improved from a defendant’s standpoint. Until the 1970s, possession could be a life sentence. Now, there are different sentence times depending on how much marijuana you possess or what you are caught with. 

Is Marijuana Paraphernalia Legal?

Objects intended to smoke, ingest, or grow marijuana, like, a bong, vaporizer, or potted plants warrant a separate charge. This means that not only is there a charge if you are in possession of marijuana, but there is also a charge if you have certain types of paraphernalia, that are intended for marijuana use. For example, if you are in possession of paraphernalia, then you will be charged with a misdemeanor and could be fined up to $500. Also, if you are selling the paraphernalia to a minor, you could be charged with a felony, face up to two years in jail, and be fined up to $10,000.

What Are The Penalties for Possession of Marijuana?

If you are in possession of marijuana, charges could be as severe as a multi-year sentence.  Charges are are based on the weight of the amount of marijuana you possess.

The penalties are as follows:

If you possess two ounces or less, you may be charged with a misdemeanor, the maximum jail sentence is 180 days, and the fine is up to $2,000.

If you possess between two and four ounces, you may be charged with a misdemeanor, the maximum jail sentence is one year, and you could be fined up to $4,000.

If you possess between four ounces and five pounds, you may be charged with a felony, carrying a sentence from 180 days to two years and a fine of up to $10,000.

If you possess between 5 and 50 pounds, you can be charged with a felony, which carries a sentence of two to ten years in prison and you could be fined up to $10,000.

If you possess between 50 and 2000 pounds, you can be charged with a felony with a sentence of 2 to 20 years in prison and you could be fined up to $10,000.

If you possess more than 2000 pounds, you will automatically be charged with a felony with a sentence of 5 to 99 years in prison and fines up to $50,000.

It is important that you know your rights and what you can and cannot be charged with due to what you were possessing at the time. If you have any questions, it is always a good idea to lawyer up and get professional advice from someone who is knowledgeable.


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