In Texas, the most common drug arrest charge is for possession, most of which are for marijuana possession. Marijuana has been legalized in most states, but Texas still regulates it and outlaws individuals in the state who possess, sell, or grow it. If you’re charged with a drug crime involving marijuana, you could face harsh penalties.
Charges for growing, possession, and selling marijuana come with increased penalties if the offenses were committed within drug-free zones, including schools, youth centers, or playgrounds.
Penalties for Growing and Possession of Marijuana in TX
Under the law, possessing and growing any amount of marijuana is a serious crime. The penalties differ based on the amount grown or possessed:
- Up to two ounces – Class B misdemeanor
- Above two ounces, up to four ounces – Class A misdemeanor
- More than four ounces, up to five pounds – State jail felony
- Above five pounds, up to 50 pounds – Third-degree felony
- Above 50 pounds, up to 2,000 pounds – Second-degree felony
- Above 2,000 pounds – First-degree felony
The penalties for possessing or growing marijuana include 180 days up to life in prison and a fine between $2,000 and $50,000.
Penalties for Selling Marijuana in TX
The penalties for selling marijuana or possessing marijuana with the intention of selling it vary widely based on the amount sold or possessed:
- Gifting 1/4 ounce or less – Class B misdemeanor
- Selling 1/4 ounce or less – Class A misdemeanor
- Above 1/4 ounce, up to five pounds – State jail felony
- Above five pounds, up to 50 pounds – Second-degree felony
- Above 50 pounds, up to 2,000 pounds – First-degree felony
- Above 2,000 pounds – First-degree felony with higher mandatory minimums
Penalties can include 180 days in jail to life imprisonment, and a fine between $2,000 and $100,000.
Penalties for Possessing and Selling Marijuana Paraphernalia in TX
Under the law, using, selling, or manufacturing drug paraphernalia or possessing it with the intention of doing so is illegal. Paraphernalia, in this context, refers to items used for selling, using, storing, processing, harvesting, or cultivating marijuana. Paraphernalia possession is considered a Class C misdemeanor. The penalty can include a fine of not more than $500.
Selling paraphernalia is considered a Class A misdemeanor and is punishable by up to one year of jail time and a fine not exceeding $4,000, or both. But selling paraphernalia to minors is considered a state jail felony and is punishable by up to two years in prison, a fine of not more than $10,000, or both.
THC Vapes and Edibles
Texas Law makes a distinction between green leafy Marijuana and THC. In Texas Possession of any delta -9 THC with a concentration amount of over .3% is a felony in Texas.
Even if you put the green leafy Marijuana into a cookie, Texas law says it is no longer green leafy and treats it like a felony.
As you can see from above, the potential penalties in Texas for possessing, selling, and growing marijuana can be extremely harsh. And THC and Marijuana are treated very differently in Texas. Working with a skilled Texas drug crimes defense attorney can mean the difference between going to jail and having the charges against you reduced or dropped entirely.
If you’re facing any kind of drug charge, reach out to the Law Office of Brent D. Bowen now. To set up your case review with our Texas drug crimes defense attorney, call 940-222-2488 or contact us online.