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The Linder Firm July 23, 2021

Marijuana has become legal in many states recently, both for medical and recreational use. However, Texas isn’t one of those states and you can still receive harsh legal penalties for possessing or trafficking the drug.

Explore our guide to learn more about the punishments for marijuana crimes in the state of Texas.

What Determines the Severity of Penalties?

There are several factors that play a role in determining the severity of your sentence. For example, the consequences for possession, manufacturing, and trafficking are all different. Penalties may also be harsher if any minors or gang affiliations are involved.

Marijuana Crimes and Penalties

Penalties for Marijuana Possession in Texas

If any amount of marijuana is found in your possession, you’ll be charged with a crime. The severity of your sentence will vary significantly based on how much marijuana you’re arrested with. The different penalties are listed below:

  • Under 2 Ounces — up to 180 days in jail and a $2,000 fine

  • 2 to 4 Ounces — up to a year in prison and a fine of $4,000

  • 5 Pounds — up to 2 years in jail and a $10,000 fine

  • 50+ Pounds — up to 20 years in prison

Penalties for Selling Marijuana in Texas

The penalties for selling marijuana also apply to individuals who are caught trafficking or delivering the drug. The amount that you’re arrested with will play the largest role in determining your sentence. Below are the maximum penalties you can receive for selling marijuana in the state of Texas:

  • 7 Grams or Less — up to 180 days in jail and a $2,000 fine

  • Up to 5 Pounds — 1 year in prison and a $4,000 fine

  • 5+ Pounds — 10 years to life in jail and fines of up to $100,000

  • Selling to a Minor — up to 20 years in prison and a $20,000 fine

Different Jurisdictions May Have Unique Policies

In addition to the amount of marijuana you’re arrested with, where you’re arrested within the state may also affect your sentencing. While marijuana is illegal in the whole state of Texas, certain counties may be more lenient when it comes to penalties.

For example, Harris County won’t prosecute marijuana crimes when only four ounces or less are involved. However, that may not be the case just a short drive in any direction. As a result, it’s crucial to be careful no matter where you are in the state.

Remember that Marijuana Is No Laughing Matter in Texas

When you see marijuana regularly in mainstream media as a readily available and legal substance, it can be easy to assume it’s that way everywhere. However, marijuana laws vary drastically from state to state and it’s crucial to know the policies in your area.

As a border state, Texas is especially harsh when it comes to drug crimes, including marijuana. Knowing your rights and the laws of your area can save you from potential jail time in the future.

If you’re arrested for any marijuana crime, don’t hesitate to call our Dallas drug defense attorney Phillip A. Linder. With over 25 years of experience in Texas courts, he has the expertise to ensure the most favorable outcome for your case.