Texas – Laws & Penalties

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

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

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
A person’s driver’s license is automatically suspended on final conviction of a drug offense.

Penalty Details

Possession

Possession of 2 ounces or less of marijuana is a Class B 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 Class 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.

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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.

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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.

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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 term of imprisonment no less than 180 days and no greater than 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 term of imprisonment no less than 2 years and no greater than 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 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 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.

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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 term of imprisonment no less than 180 days and no greater than 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.

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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.

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Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.

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If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

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If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.

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Paraphernalia

Possession of paraphernalia is a Class C 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.

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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.

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A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.

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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.

Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.