| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| 2 oz or less | Misdemeanor | 180 days | $ 2,000 |
| 2 - 4 oz | Misdemeanor | 1 year | $ 4,000 |
| 4 oz to 5 lbs | Felony | 180 days* - 2 years | $ 10,000 |
| 5 - 50 lbs | Felony | 2* - 10 years | $ 10,000 |
| 50 - 2000 lbs | Felony | 2* - 20 years | $ 10,000 |
| More than 2000 lbs | Felony | 5* - 99 years | $ 50,000 |
| * Mandatory minimum sentence | |||
Sale |
|||
| 7 g or less for no remuneration | Misdemeanor | 180 days | $ 2,000 |
| 7 g or less | Misdemeanor | 1 year | $ 4,000 |
| 7 g to 5 lbs | Felony | 180 days* - 2 years | $ 10,000 |
| 5 - 50 lbs | Felony | 2* - 20 years | $ 10,000 |
| 50 - 2000 lbs | Felony | 5* - 99 years | $ 10,000 |
| More than 2000 lbs | Felony | 10* - 99 years | $ 100,000 |
| To a minor | Felony | 2* - 20 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Cultivation |
|||
| See Possession section for penalty details. | |||
Hash & Concentrates |
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| Possession of less than 1 g | Felony | 180 days* - 2 years | $ 10,000 |
| Possession of 1 - 4 g | Felony | 2* - 10 years | $ 10,000 |
| Possession of 4 - 400 g | Felony | 2* - 20 years | $ 10,000 |
| Possession of more than 400 g | Felony | 10 years* - life | $ 50,000 |
| Manufacture or delivery of less than 1 g | Felony | 180 days* - 2 years | $ 10,000 |
| Manufacture or delivery of 1 - 4 g | Felony | 2 - 20 years | $ 10,000 |
| Manufacture or delivery of 4 - 400 g | Felony | 5 - 99 years | $ 10,000 |
| Manufacture or delivery of more than 400 g | Felony | 10 years - life | $ 10,000 |
| * Mandatory minimum sentence | |||
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | N/A | $ 500 |
| Sale of paraphernalia (first offense) | Misdemeanor | 1 year | $ 4,000 |
| Sale of paraphernalia (subsequent offense) | Felony | 90 days* - 1 year | $ 4,000 |
| To a minor | Felony | 180 days* - 2 years | $ 10,000 |
| * Mandatory minimum sentence | |||
Miscellaneous |
|||
| Falsifying a drug test | Misdemeanor | 180 days | $ 2,000 |
Penalty Details
Possession
Possession of 2 ounces or less of marijuana is a misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
Possession of between 2 and 4 ounces of marijuana is a misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
Possession of between 4 ounces and 5 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Possession of between 5 pounds and 50 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of no less than 2 years imprisonment, a maximum sentence of 10 years imprisonment, and a fine not to exceed $10,000.
Possession of between 50 pounds and 2,000 lbs of marijuana is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Possession of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 5 years, a maximum sentence of 99 years, and a fine of no more than $50,000.
Sale
The sale or delivery of 7 grams of marijuana or less, as a gift, is a misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
The sale or delivery of 7 grams of marijuana or less, is a misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000.
The sale or delivery of between 7 grams and 5 pounds is a felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
The sale or delivery of between 5 pounds and 50 pounds of marijuana is a second degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
The sale or delivery of between 50 pounds and 2,000 pounds of marijuana is a first degree felony, punishable by a mandatory minimum sentence of 5 years imprisonment, a maximum sentence of life imprisonment, and a fine not to exceed $10,000.
The sale or delivery of more than 2,000 pounds of marijuana is a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum sentence of life imprisonment, and a fine not to exceed $100,000.
Selling marijuana to a child is a Second Degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum sentence of 20 years imprisonment, and a fine not to exceed $10,000.
Cultivation
Cultivation in Texas will be punished based upon the aggregate weight of the plants found. See the “Possession” section for further penalty details.
Hash & Concentrates
Hashish and concentrates are not considered marijuana.
- Texas Stat, Code § 481.002(26)(A) Web Search
Possession of hashish or concentrates is a crime. If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by mandatory minimum term of imprisonment of 180 days and up to 2 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a mandatory minimum term of imprisonment of 2 years andup to 10 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a mandatory minimum term of imprisonment of 2 years and up to 20 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a mandatory minimum term of imprisonment of 10 years and no greater 99 years and a fine no greater than $50,000.
Manufacturing and selling hashish or concentrates also is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a mandatory minimum term of imprisonment of 180 days and up to 2 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.
If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.
The sale of hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is a felony, punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.
Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.
Paraphernalia
Possession of paraphernalia is a misdemeanor, punishable by a fine not to exceed $500.
Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.
Selling paraphernalia to a minor is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
Miscellaneous
Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.