While marijuana laws are changing, Texas still has some of the toughest laws in the U.S. when it comes to the possession and sale of cannabis. Even small amounts of the drug can land you in jail for several months and incur expensive fines. Although the Texas governor recently signed the state’s first medical marijuana bill, personal possession and sale are still illegal.
Despite nationwide attitudes towards cannabis becoming relaxed, many Texas police officers will not be inclined to agree. Police have a duty to enforce the laws of the state and if you are arrested for marijuana possession, it could cost you. As a strong advocate for the rights of Texas citizens, The Law Office of Andrew Williams has some important facts you should know about Texas marijuana laws.
Possession of Marijuana Laws in Texas
Amount |
Jail Time |
Fine |
Severity |
| 2 ounces or less | |
Max. 6 months |
$2,000 |
Misdemeanor, Class B |
| 2 – 4 ounces | |
Max. 1 year |
$4,000 |
Misdemeanor, Class A |
| 4 ounces – 5 pounds | |
6 months – 2 years |
$10,000 |
Felony, State Jail |
| 5 pounds – 50 pounds | |
2 years – 10 years |
$10,000 |
Felony, Third Degree |
| 50 pounds – 1 ton | |
2 years – 20 years |
$10,000 |
Felony, Second Degree |
| More than 1 ton | |
5 years – 99 years |
$50,000 |
Felony, First Degree |
Prosecutors in the state of Texas can sentence offenders of even “simple possession” (less than 2 ounces) of marijuana to up to six months in jail and a fine of up to $2,000. Judges are given a lot of leeway when it comes to handing down sentences for these kinds of marijuana possession cases so having the right lawyer may make the difference.
Beyond simple possession, penalties become even harsher with felonies requiring minimum mandatory jail sentences and enormous fines. If you or a family member are charged with even minor marijuana possession, you will need an experienced criminal defense to help litigate charges that may land you a lengthy jail sentence.
Penalties for Selling Marijuana in Texas
Amount |
Jail Time |
Fine |
Severity |
| 7 grams or less, without remuneration (taking money) | |
Max. 6 months |
$2,000 |
Misdemeanor, Class B |
| 7 grams or less | |
Max. 1 year |
$4,000 |
Misdemeanor, Class A |
| 7 grams – 5 pounds | |
Min. 6 months, Max. 2 years |
$10,000 |
Felony, State Jail |
| 5 pounds – 50 pounds | |
Min. 2 years, Max. 10 years |
$10,000 |
Felony, Second Degree |
| 50 pounds – 1 ton | |
Min. 5 years, Max. 99 years |
$10,000 |
Felony, First Degree |
| More than 1 ton | |
Min. 10 years, Max. 99 years |
$100,000 |
Felony |
| Sale to a minor | |
Min. 2 years, Max. 20 years |
$10,000 |
Felony, Second Degree |
Penalties for selling marijuana in Texas are even more harsh than for possession. Selling just a small amount of cannabis with even a low street value can result in a minimum mandatory sentence of six months in jail. In some circumstances, judges will be bound by sentencing guidelines.
Texas Marijuana Possession Lawyer
Andrew J. Williams has over 15 years of experience defending his clients from marijuana charges. He is a certified by the Texas Board of Legal Specialization in Criminal Law and serves clients in Harris and Montgomery counties. If you or a family member were charged with the sale or possession of marijuana, contact The Law Offices of Andrew J. Williams for a legal consultation.