|
Possession |
Crime Type |
Incarceration |
Fine |
|
2 oz or less* |
Class B Misdemeanor |
180 days |
$2,000 |
|
2 to 4 oz* |
Class A Misdemeanor |
1 year |
$4,000 |
|
4 oz to 1 lb* |
State Jail Felony |
180 days – 2 years |
$10,000 |
|
1 to 5 lbs |
State Jail Felony |
180 days – 2 years |
$10,000 |
|
5 to 50 lbs |
Felony of the third degree |
2 – 10 years |
$10,000 |
|
50 to 2,000 lbs |
Felony of the second degree |
2 – 20 years |
$10,000 |
|
More than 2,000 lbs |
Felony |
5 – 99 years |
$50,000 |
|
Notes* |
*With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the jurisdiction, the judge may waive the treatment requirement. The judge can also waive all fines. |
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|
Sale |
Crime Type |
Incarceration |
Fine |
|
Gift of 1/4 oz or less |
Class B Misdemeanor |
180 days |
$2,000 |
|
Sale of 1/4 oz or less |
Class A Misdemeanor |
1 year |
$4,000 |
|
1/4 oz to 5 lbs |
State Jail Felony |
180 days – 2 years |
$10,000 |
|
5 to 50 lbs |
Felony of the second degree |
2 – 20 years |
$10,000 |
|
50 to 2,000 lbs |
Felony of the first degree |
5 – 99 years |
$10,000 |
|
2,000 lbs or more |
Felony |
MMS 10 – 99 years |
$100,000 |
|
To a minor |
Felony |
2 – 20 years |
$10,000 |
|
Within 1,000 feet of a school or within 300 feet of specified areas |
Misdemeanor or Felony |
Increased Penalty |
Increased Penalty |
|
Notes* |
*MMS= Mandatory Minimum Sentence |
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|
Miscellaneous |
Crime Type |
Incarceration |
Fine |
|
Paraphernalia possession |
Class C Misdemeanor |
None |
$500 |
|
Paraphernalia sale |
Class A Misdemeanor |
1 year |
$4,000* |
|
Notes* |
*Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year). Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years; $10,000 |
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|
State Regulations |
|
|
Tax Stamps |
This state has a marijuana tax stamp law enacted |
Repeat Misdemeanor Offenses:
If charged with a Class A misdemeanor and defendant has been before convicted of a Class A misdemeanor or any degree of felony = 90 days-1 year; $4,000
If charged with a Class B misdemeanor and defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony = 30 days-180 days; $2,000
If charged with a Class C misdemeanor and defendant has been before convicted under one or a combination of the two above three times and the prior offense was committed within 24 months of incident = > 180 days; $2,000
Repeat Felony Offenses:
If charged with a state jail felony punishable and defendant has previously been finally convicted of two state jail felonies, on conviction the defendant shall be punished for a third-degree felony.
If charged with a state jail felony punishable and defendant has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
If charged with a state jail felony or of a third-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished for a second-degree felony.
If charged with a second-degree felony and the defendant has been once before convicted of a felony, on conviction he shall be punished for a first-degree felony.
If it is a first-degree felony and defendant has been once before convicted of a felony, on conviction he shall be punished by imprisonment in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. In addition to imprisonment, an individual may be punished by a fine not to exceed $10,000.
Marijuana Laws are stupid, its legal smoke salvia which is a psychoactive herb but not marijuana that is retarted!