Unlike other states that are decriminalizing the medical and recreational use of marijuana, Texas still has harsh penalties for even petty marijuana offenses. Texas law divides marijuana crimes into the possession and sale of the drug, and the penalties for these offenses are determined by the amount of marijuana allegedly discovered by the authorities at the time of the arrest. Keep reading to see the marijuana possession penalties that can be imposed if you're caught holding in Texas.
Texas Marijuana Possession Penalties
Marijuana possession penalties in Texas for conviction are as follows:
- Less than two ounces: Class B misdemeanor, jail term up to 180 days and/or fine up to $2,000
- Between two and four ounces: Class A misdemeanor, jail term up to one year and/or fine up to $4,000
- Between four ounces and five pounds: State felony, state jail term between 180 days and two years and/or fine up to $10,000
- Between five and 50 pounds: Third degree felony, Department of Corrections term between two and 10 years and/or fine up to $10,000
- Between 50 and 2,000 pounds: Second degree felony, Department of Corrections term between two and 20 years and/or fine up to $10,000
- More than 2,000 pounds: First degree felony, Department of Corrections term for life or between five and 99 years and/or fine up to $10,000
Penalties for the Sale or Distribution of Marijuana in Texas
The sale and delivery of marijuana are also penalized by the amount discovered by the police at the time of the arrest. The law treats this crime much more seriously than marijuana possession penalties, and it requires far less product to be convicted of a serious charge. However, proving the sale and delivery of marijuana is also more difficult for prosecutors, as the mere possessions of marijuana is not enough to convict. The penalties for delivery and sale of marijuana are as follows:
- Less than one-quarter ounce without compensation: Class B misdemeanor, jail term up to 180 days and/or fine up to $2,000
- Between one-quarter ounce and five pounds: State felony, state jail term between 180 days and two years and/or fine up to $10,000
- Between five and 50 pounds: Second degree felony, Department of Corrections term between two and 20 years and/or fine up to $10,000
- Between 50 and 2,000 pounds: First degree felony, Department of Corrections term for life or between five and 99 years and/or fine up to $10,000
- More than 2,000 pounds: Department of Corrections term for life or between 10 and 99 years and/or a fine up to $100,000
There are a couple of things you need to know about the offense of distribution of marijuana. The first is that payment or compensation is not required. If you give some pot to your friend at a party, you've committed the offense of distribution. Fortunately, there is a minor exception for this situation. If you give less then 1/4 ounce away, it will still be treated as a felony. There is not that exception for other offenses.
The other thing to know is that proof or evidence of a sale is not necessary. The law treats possession with intent to distribute the same is distribution. You might wonder how they can prove that without evidence of a sale. In some cases, the amount is enough. For example, if you have a couple of pounds of pot, they are going to assume that isn't all for personal use, and that you are going to distribute or sell it. Packaging material can also be enough. If the marijuana is right next to a bunch of baggies and a scale, there's a pretty good chance you are going to distribute it.
Contact Our Waco Criminal Defense Lawyer for a Consultation Today
If you have been charged with a marijuana crime in the Waco, TX, area, and are facing marijuana possession penalties, you need an experienced criminal defense lawyer. This is not something you can handle on your own. Call the office or contact us today to schedule a review of your marijuana criminal case. You can also get a free copy of our book "Don't Let your Future Go Up in Smoke", by clicking on the link.
