Marijuana possession is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.
And any time you are at risk of jail time, or even just a 6-month license loss, it makes sense to consult with an attorney to explore all your legal defense options.
The legal definition of marijuana possession is defined by Texas Health and Safety Code. Marijuana is in its own category in the possession law and, for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.
Texas Marijuana Possession – Laws & Penalties
Marijuana Possession Laws
| Weight | Classification | Penalty |
| 2 ounces or less | Class B misdemeanor | Not more than 180 days in a county jail and/or a fine of not more than $2,000 |
| More than 2 ounces, but less than 4 ounces | Class A misdemeanor | Not more than 1 year in a county jail and/or a fine of not more than $4,000 |
| More than 4 ounces, but less than 5 pounds | State jail felony | 180 days to 2 years in a state jail and/or a fine of not more than $10,000 |
| More than 5 pounds, but less than 50 pounds | Third-degree felony | 2 to 10 years in a state prison and/or a fine of not more than $10,000 |
| More than 50 pounds, but less than 2,000 | Second-degree felony | 2 to 20 years in a state prison and/or a fine of not more than $10,000 |
| More than 2,000 pounds | Enhanced first-degree felony | 5 to 99 years and a fine of not more than $50,000 |
You can also be sentenced to a suspended driver’s license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijuana.
What Is the Most Likely Outcome for a Simple Marijuana Possession Charge in Texas?
If you are accused of a first offense of possessing less than 2 ounces of marijuana, it is likely you can work out a deal or even get your case dismissed in exchange for agreeing to drug treatment programs or some community service. If you don’t get in any additional trouble in a set amount of time, the case may be dismissed or continued indefinitely.
These programs are called diversion programs and are meant to avoid harsh penalties for first offenders. Some Texas counties also have drug courts, where the court intervenes with intensive monitoring of drug use and other mandatory programs in exchange for dismissing the possession charge in the future.
If you feel you may have a marijuana addiction problem, agreeing to drug treatment can be an excellent option as part of a plea agreement.
The goal in these cases is to avoid a permanent criminal record. We can discuss exactly what your options are, and what kind of deal we think we can get for you after hearing about your case and reviewing the evidence against you as part of our free consultation.
Marijuana Extract THC Compounds
Any amount of concentrated marijuana product, such as dabs, wax, cannabis oils, etc are classified as a Schedule 2 Penalty Group controlled substance.
Possession of any Schedule II substance is a felony, in any amount.
Some Texas police departments are wildly overestimating the threat and dangers from concentrated marijuana products, as you can see from this (now deleted) facebook post.
Free Case Evaluation on Texas Marijuana Possession Laws
Being called into criminal court on a drug charge can be a frightening and intimidating experience. But knowing you have an experienced defense attorney on your side, fighting for you, can make all the difference.
Please contact us today to find out what we can do for you.
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