Marijuana Crimes in Texas
Texas has lagged behind the rest of the United States in legalizing or decriminalizing marijuana. 29 states and the District of Columbia have passed legislation legalizing marijuana in some form. In 2015, Governor Abbott signed a very limited medical marijuana bill for epilepsy treatment. Within the last few months, Texas finally licensed a company to dispense the drug. The State of Texas still criminalizes possession of marijuana, even in small amounts. A conviction for possession of marijuana in the State of Texas carries severe penalties. A first-time offender with a gram of marijuana faces up to 180 days in jail and a possible $2,000 fine. In addition to jail time and fines, a marijuana conviction also carries a mandatory 180-day suspension of your driver’s license. You cannot reinstate your driver’s license until you take a 15-hour drug offender education class.
Marijuana Crimes and Penalties
Possession
| Offense | Penalty | Incarceration | Maximum Fine |
| 2 oz or less | Misdemeanor | Up to 180 days | $2,000 |
| 2-4 oz | Misdemeanor | Up to 1 year | $4,000 |
| 4 oz to 5 lbs | Felony | 180 days to 2 years | $10,000 |
| 5-50 lbs | Felony | 2 to 10 years | $10,000 |
| 50-2,000 lbs | Felony | 2 to 20 years | $10,000 |
| More than 2,000 lbs | Felony | 5 to 99 years | $50,000 |
Sale/Delivery
| Offense | Penalty | Incarceration | Maximum Fine |
| 7g or less (not paid) | Misdemeanor | Up to 180 days | $2,000 |
| 7g or less (paid) | Misdemeanor | Up to 1 year | $4,000 |
| 7g to 5 lbs | Felony | 180 days to 2 years | $10,000 |
| 5-50 lbs | Felony | 2 to 20 years | $10,000 |
| 50-2,000 lbs | Felony | 5 to 99 years | $10,000 |
| More than 2,000 lbs | Felony | 10-99 years | $100,000 |
| To a minor (< 18) | Felony | 2 to 20 years | $10,000 |
Hash/Concentrate
| Offense | Penalty | Incarceration | Maximum Fine |
| Less than 1g | Felony | 180 days to 2 years | $10,000 |
| 1g to 4g | Felony | 2 to 10 years | $10,000 |
| 4g to 400g | Felony | 2 to 20 years | $10,000 |
| More than 400g | Felony | 5 years to life | $50,000 |
| Manufacture/delivery < 1g | Felony | 180 days to 2 years | $10,000 |
| Manufacture/delivery 1-4g | Felony | 2 to 20 years | $10,000 |
| Manufacture/delivery 4-400g | Felony | 5 to 99 years | $10,000 |
| Manufacture/delivery >400g | Felony | 10 to 99 years | $100,000 |
Other Marijuana Crimes
| Offense | Penalty | Incarceration | Maximum Fine |
| Possession of drug paraphernalia | Misdemeanor | N/A | $500 |
| Sale of paraphernalia (first) | Misdemeanor | Up to 1 year | $4,000 |
| Sale of paraphernalia (second) | Felony | 90 days or up to 1 year | $4,000 |
| Sale of paraphernalia to a minor | Felony | 180 days to 2 years | $10,000 |
| Falsifying a drug test | Misdemeanor | Up to 180 days | $2,000 |
| Tampering with evidence | Felony | 2 to 10 years | $10,000 |
Experienced Houston Marijuana Defense Attorney
If you were arrested for a marijuana related crime, it is important that you hire an experienced Houston marijuana defense attorney to represent you. David Overhuls is a former major narcotics prosecutor and knows how law enforcement investigates and prosecutes marijuana crimes. He will use that knowledge to pursue a dismissal and other punishments that do not result in a final criminal conviction on your record. Contact David Overhuls today at 713-223-8801 for your free consultation.
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