Understanding the Marijuana Possession Laws in Texas

Posted By The Sims Law Firm, PLLC || 20-Mar-2015

Unlike some other states in the U.S.—which have legalized the medicinal, and even recreational, use of marijuana—Texas has yet to decriminalize any form of marijuana possession, use or sale. Criminal charges for marijuana possession will draw stiffer penalties in Texas than most other states in the country, which is why you should waste no time in retaining the help of a Fort Bend County criminal defense attorney from The Sims Law Firm, PLLC if you have been arrested for drug possession.

Although some people view marijuana possession as a “minor” drug offense, it is important to understand that a criminal conviction could have long-lasting consequences. Not only could a first-time offense land you in jail for 180 days or longer, but you may be forced to pay thousands of dollars in fines. You may also have a difficult time finding employment or housing. Don’t let a conviction jeopardize your future! Get in touch with our knowledgeable legal team as soon as you have been charged with a crime.

The Penalties for Marijuana Possession in Texas

If you are arrested for marijuana possession, the severity of the resulting charges will be determined by the amount of cannabis that was uncovered. Larger amounts will result in stiffer penalties, but even possessing small amounts of marijuana could result in jail time.

The penalties for marijuana possession may include:

  • Less than two ounces – 180 days in jail and $2,000 in fines
  • Two to four ounces – one year in jail and $4,000 in fines
  • Four ounces to five pounds – two years in jail and $10,000 in fines
  • Five to 50 pounds – 10 years in prison and $10,000 in fines
  • 50 to 2,000 pounds – 20 years in prison and $10,000 in fines

Even if you are charged with the lowest-level offense (Class B misdemeanor), the penalties could still be more extensive than jail time and fines. You may also be asked to complete up to 100 hours of community service and forfeit your driver’s license for up to one year.

Possession of Marijuana with Intent to Sell

In some cases, the prosecution will attempt to prove that you were not only in possession of marijuana, but that you also intended to sell it. This is known as possession with intent to sell or distribute. The prosecution may decide to pursue this more serious charge if evidence indicates that you intended to sell the drugs that were uncovered (i.e. the police found small baggies, scales or large amounts of cash in your car or home).

“Intent to distribute” is usually charged as a Class A misdemeanor in Texas.
This can result in up to one year in jail and $4,000 in fines.

Selling between one-fourth of an ounce and five pounds of marijuana is considered to be a state jail felony in Texas, which can carry up to two years in prison and $10,000 in fines. If you are accused of selling more than five pounds of marijuana, but less than 50 pounds, the charge will become a third degree felony—which is punishable by a maximum of 20 years in prison and $10,000 in fines. Selling more than one ton can result in 99 years in prison.

Let a Former Prosecutor Fight to Protect Your Rights

Have you been arrested for marijuana possession in Fort Bend County or a surrounding area? If so, you should not hesitate to get in touch with a skilled criminal defense lawyer at The Sims Law Firm, PLLC. Our lead attorney has experience as a former prosecutor, so you can trust that your case will be in capable hands when you come to us for help.

Call now schedule your free case evalution or contact us online!