January 5, 2018

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


OffensePenaltyIncarcerationMaximum Fine
2 oz or lessMisdemeanorUp to 180 days$2,000
2-4 ozMisdemeanorUp to 1 year$4,000
4 oz to 5 lbsFelony180 days to 2 years$10,000
5-50 lbsFelony2 to 10 years$10,000
50-2,000 lbsFelony2 to 20 years$10,000
More than 2,000 lbsFelony5 to 99 years$50,000



OffensePenaltyIncarcerationMaximum  Fine
7g or less (not paid)MisdemeanorUp to 180 days$2,000
7g or less (paid)MisdemeanorUp to 1 year$4,000
7g to 5 lbsFelony180 days to 2 years$10,000
5-50 lbsFelony2 to 20 years$10,000
50-2,000 lbsFelony5 to 99 years$10,000
More than 2,000 lbsFelony10-99 years$100,000
To a minor (< 18)Felony2 to 20 years$10,000



OffensePenaltyIncarcerationMaximum  Fine
Less than 1gFelony180 days to 2 years$10,000
1g to 4gFelony2 to 10 years$10,000
4g to 400gFelony2 to 20 years$10,000
More than 400gFelony5 years to life$50,000
Manufacture/delivery < 1gFelony180 days to 2 years$10,000
Manufacture/delivery 1-4gFelony2 to 20 years$10,000
Manufacture/delivery 4-400gFelony5 to 99 years$10,000
Manufacture/delivery >400gFelony10 to 99 years$100,000


Other Marijuana Crimes

OffensePenaltyIncarcerationMaximum  Fine
Possession of drug paraphernaliaMisdemeanorN/A$500
Sale of paraphernalia (first)MisdemeanorUp to 1 year$4,000
Sale of paraphernalia (second)Felony90 days or up to 1 year$4,000
Sale of paraphernalia to a minorFelony180 days to 2 years$10,000
Falsifying a drug testMisdemeanorUp to 180 days$2,000
Tampering with evidenceFelony2 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.

Contact David Today!