A Guide to Texas Marijuana Laws

Texas Marijuana Laws

As an increasing amount of states take the initiative and relax their laws regarding marijuana, it’s ever more apparent now that Texas is its own state. As states like Colorado and Washington went all out and fully legalized the use of cannabis, others took conservative measures to restrict the usage. Some other states legalized the famous herb and its derivatives through the legislative process. Whatever the case with this substance, you have to know the state you are in and act accordingly or risk severe punishments.

Suppose you are in Texas, for example, to avoid unfortunately breaking one of the rules unconsciously. In that case, you should know the state’s laws regarding the crime of possession and distribution of cannabis.

If you have been charged and arrested to the effect of the state’s cannabis law, you’ll need an experienced Austin criminal defense attorney to assist you during this ordeal. It pays to have someone experienced and knowledgeable assisting in keeping the worst of it away. Let us delve into what these laws are.

What are the Texas’ marijuana laws?

Even with the nationwide trend towards legalization and decriminalizing the substance, Texas laws continue to punish drug use and possession.

Never mind that your location when you are arrested for possession heavily determines how severe the penalties of breaking the state’s marijuana laws would be. For example, the possession of .1 ounce of marijuana is enough to warrant an arrest in McLennan County.

Previous users of the drug, once on probation, would be restricted from traveling out of the county. They’ll be required to do regular tests and be banned from consuming alcohol or even visiting bars. These Texas laws take their toll as the costs of being convicted (even for a first-timer) can be summed up to more than $5,000.

The penalties

In the state of Texas, the penalties levied towards you for the violation of a cannabis-related infraction is based on these three factors;

  • The quantity of marijuana that was found on you
  • Your purpose of having the illegal substance (to sell, to cultivate, etc.)
  • Your crime record and whether or not you’ve been charged before with a crime.

According to the state’s penal code, possession of 2 ounces or less of marijuana is seen by the state as a class B misdemeanor. This means that an individual caught with these substances would be punished accordingly.

Below is a set of tables showing the possible consequences for the different kinds of marijuana violations in Texas;

Possession and Cultivation

AmountOffensePrison timeFine (Max)
2 oz or lessMisdemeanor180 days$2,000
2 – 4 ozMisdemeanor1 year$4,000
4 oz – 5 lbsFelony180 days* – 2 years$10,000
5 – 50 lbsFelony2* – 10 years$10,000
50 – 2,000 lbsFelony2* – 10 years$10,000
More than 2000 lbsFelony5* – 99 years$50,000
*Mandatory Minimum sentence   

Marijuana Sale and Distribution.

AmountOffensePrison timeFine(Max)
7 g or lessMisdemeanor180 days$2,000
7 g or lessMisdemeanor1 year$4,000
7 g – 5 lbs.Felony180 days* – 2 years$10,000
5 – 50 lbsFelony2* – 20 years$10,000
50 – 2,000 lbsFelony5* – 99 years$10,000
More than 2,000 lbsFelony10* – 99 years$100,000
To a minorFelony2* – 20 years$10,000
*Mandatory Minimum sentence   

Hash and Concentrates

AmountOffensePrison timeFine(Max)
Possession of less than 1 gFelony180 days – 2 years$10,000
Possession of 1 – 4 gFelony2 – 10 years$10,000
Possession of 4 – 400 gFelony2 – 20 years$10,000
Possession of more than 400 gFelony10 years to life$50,000
Manufacture or delivery of less than 1 gFelony180 days – 2 years$10,000
Manufacture or delivery of 1 – 4 gFelony2 – 20 years$10,000
Manufacture or delivery of 4 – 400 gFelony5 – 99 years$10,000
Manufacture or delivery of more than 400 gFelony10 years – life$10,000

Marijuana Paraphernalia

AmountOffensePrison timeFine (Max)
Possession of paraphernaliaMisdemeanorN/A$500
Sale of paraphernalia (first offense)Misdemeanor1 year$4,000
Sale of paraphernaliaFelony90 days* – 1 year$4,000
To a minorFelony180 days – 2 years$10,000
*Mandatory Minimum sentence   


Texas has passed a medical CBD law enabling the use of cannabis extracts high in CBD content and low in THC. In these instances, a physician has to have recommended such treatment to a patient with the condition that qualifies under the state’s statutes.

Recent updates to the law and why you need an Austin attorney

 Some state officials are still battling for change of the laws regarding marijuana from criminal to civil offenses, but these battles haven’t been won yet. If a marijuana user is charged with a crime today, the truth remains that they will face disproportionate and severe penalties that can affect their lives heavily.

Depending on which counties you are in, the law enforcement agencies enforce these marijuana laws with different levities, but this is not a guarantee of protection, not in the least.

If you are caught in the webs of the Texas marijuana laws, it can cost you dearly. The truth of marijuana use and its consequences in Texas is strict. To protect your future, hire an Austin criminal defense attorney to shield you as best they can and keep you out of the worst of it. If arrested in the Austin, Texas area, you can also hire an expert criminal lawyer to get you out of Travis County Jail until your hearing.