Marijuana Laws

Possession and sale of marijuana in Texas is illegal, with potential prison penalties and fines imposed depending on the amount of marijuana  in possession of the person charged.

While many states have moved to decriminalize marijuana laws, Texas is not among them. It also has no provisions for legal medical marijuana use.

Marijuana Possession

Possession of 2oz or less of Marijuana in Texas is a Class B Misdemeanor offense, with penalties of up to 180 days in jail, and fines of $2000.

However, in most cases, being caught with only a small amount of pot will result in probation, with mandatory drug treatment, and the potential to have the charged dismissed after a successful treatment program.

You will also face a 6 month loss of drivers license for any marijuana possession charge if you are convicted.

So it is still a hassle, and absolutely worth exploring with an attorney any opportunity to get the case dismissed, and avoid these penalties.

If you are in possession of more than 2oz, up to 5lbs of marijuana, it is a Class A Misdemeanor. Such an offense can result in penalties of up 1 year in jail, and fines of $4000.

Any person found to be in possession of between 5lbs to 2,000lbs will be given anywhere between two (2) to ten (10) years imprisonment with fines of ten thousand dollars ($10,000.00) to fifty thousand dollars ($50,000.00)

Marijuana Sale

The sale of ¼ oz or less, up  to 5lbs is considered a “state jail” felony. It is the lowest level felony offense, but still calls for incarceration in state prison. A conviction for any sale of marijuana charge carries penalties of 180 days to 2 years imprisonment, with fines of $2000-$10,000.

If you are convicted of selling more than 5lbs up to more than 2,000lbs, it is a 3rd degree felony. Penalties are incarceration that could run from two (2) years to ninety-nine (99) years with fines imposed from ten thousand dollars ($10,000.00) to one hundred thousand dollars ($100,000.00).

Sale to Minors

Selling to minors is a more serious crime then selling to adults.  The sale of marijuana to minors is a 3rd degree felony, with penalties 2-20 years imprisonment possible, and fines of ten thousand dollars ($10,000.00).


Any marijuana arrest is a serious offense in Texas. Call us to speak to an attorney who defends marijuana charges in your local court.