Texas Marijuana Laws

WSJ Team January 6, 2011 1

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.

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

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

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.

One Comment »

  1. thechristianshaman87 July 18, 2012 at 11:16 AM - Reply

    Marijuana Laws are stupid, its legal smoke salvia which is a psychoactive herb but not marijuana that is retarted!

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