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  • Marijuana Offenses in Texas

Texas Drug Defense Attorney

Texas policies, as they relate to marijuana, can be quite detailed and that it is why it is important to educate yourself on the laws of the state. Offenses involving marijuana can be classified as either misdemeanors or felonies. The range of jail time can be quite broad and the fines will vary substantially, as well.

Possession of Marijuana: The Law in Texas

Penalties associated with the possession of marijuana will vary depending on the quantity found on the person at the time of the offense.

  1. Possession of 2 ounces or less: Class B misdemeanor that can lead to as much as 180 days in jail and up to $2,000 in fines.
  2. Possession between 2 and 4 ounces: Class A misdemeanor that can lead to as much as one year in jail and up to $4,000 in fines.
  3. Possession between 4 ounces and 5lbs: State Jail felony that leads to a minimum of 180 days in jail and maximum of 2 years, with fines not to exceed $10,000.
  4. Possession between 5 and 50lbs: Third Degree felony that includes a sentence of 2-10 years in jail and up to $10,000 in fines.
  5. Possession of 50lbs to 2,000lbs: Second Degree felony that is punishable by 2-20 years in jail and a fine no more than $10,000.
  6. Possession of more than 2,000lbs: Felony that is punishable by a minimum of 5 years, no more than 99 years and up to a $50,000 fine.

Sale of Marijuana in Texas

Along with possession of marijuana, there are separate charges and penalties associated with the sale of marijuana.

  1. Attempted sale or delivery of 7 grams or less: Class B misdemeanor and punishable by as much as 180 days in jail, with a fine up to $2,000.
  2. Completed sale or delivery of 7 grams or less: Class A misdemeanor and punishable by up to 1 year in jail and fines up to $4,000.
  3. Sale or delivery between 7 grams and 5 lbs: State jail felony and is punishable by receiving a jail sentence of a minimum of 180 days and maximum of 2 years, as well as a fine of no more than $10,000.
  4. Sale or delivery between 5 and 50 lbs: Second Degree felony that will lead to jail time ranging between 2-10 years with as much as $10,000 in fines.
  5. Sale or delivery between 50 and 2,000 lbs: First Degree felony and is punishable with jail time between 5 years to life and a fine of no more than $10,000.
  6. Sale or delivery of 2,000 lbs or more: Felony and leads to 10 years to life in jail and a fine of no more than $100,000.
  7. Sale of marijuana to a child: Second Degree felony and is punishable by 2-10 years in jail and a fine no more than $10,000.

Is It Illegal to Possess Paraphernalia in Texas?

An individual can be charged with a Class C misdemeanor if he is found to be in possession of paraphernalia. This charge will be punished by a fine of no more than $500.

If the individual is found selling or has the intent to deliver paraphernalia, he will be charged with a Class A misdemeanor. This offense is punishable by 1 year in jail and a fine of no more than $4,000. However, if the person charged has been convicted of this crime previously, the current charge rises to that of a felony and is now punishable by a minimum of 90 days in jail.

Do You Need an Attorney?

If you have been charged with a marijuana related drug offense, contact an experienced attorney who will help you understand the laws and can answer your questions. It is important that you have a seasoned attorney representing you in order to ensure that your rights are protected.

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