The National TOP 100 Trial Lawyers
America's Top 100 - Criminal Defense Attorneys
Avvo Reviews
Avvo Ratting 10.0 Top Attorney
Avvo Clients' Choice Award 2018
The University of Texas at Austin School of Law

Breaking Down the Texas Penal Code for Possession of Marijuana

The Law Firm of Andrea M. Kolski

Marijuana laws have been under increasing scrutiny in recent years. Many states have legalized or decriminalized many types of marijuana possession. However, Texas continues to be the exception to this trend. Possession of marijuana in Texas is still illegal and the consequences can be life-altering.

Texas isn’t alone in it’s aggressive prosecution of marijuana laws. Law enforcement in many areas of the US continues to target the use, possession, and distribution of marijuana. Many are shocked to learn that in the US, 40% of all drug arrests are related to marijuana.

For those facing drug charges in Texas, it’s important to know the potential consequences. To do that, you need to understand the possession of marijuana Texas penal code.

So, what charges do you face for possession of marijuana? How does the amount that you have during the arrest come into play?

Read on to learn more.

Possession of Marijuana Texas Penal Code

Texas has certain penalties for possession of marijuana that largely depend on the amount that you have on you when you get arrested. Other factors could potentially come into play such as if you had it with a minor or not.

There is no set penalty for subsequent offenses when it comes to possession of marijuana. However, it is safe to assume that the more often you appear in court because of it, the more likely you are to face steeper penalties. This can include larger fines and potential jail time.

So, here are the penalties that you face based on each amount category.

Two Ounces or Less

For those caught with less than two ounces, the penalties for possession of marijuana are the lowest.

It is considered a misdemeanor at this weight. You face a maximum fine of $2,000 and a maximum jail sentence of 180 days. However, it is unlikely that you would go to jail for any amount of time with this amount.

Two to Four Ounces

The next category for possession of marijuana is anything over two ounces but less than four ounces.

Here, you are still not in too bad of shape if you get caught with this weight. Why? Because this weight is still only considered a misdemeanor.

However, the maximum punishments double from the previous weight category. You can face up to a year in jail and a maximum fine of $4,000.

Four Ounces to Five Pounds

This is the first weight category that starts to have more serious punishments. There are two big penalties that you need to be aware of if you have more than four ounces of marijuana but less than five pounds.

First, there is a mandatory minimum jail sentence for this amount of marijuana in Texas. That minimum is 180 days but you could face a maximum jail sentence of two years.

Second, this weight is no longer a misdemeanor and it is considered a felony.

In addition, those accused will also face a potential fine of $10,000.

Five Pounds to Fifty Pounds

At this level, you are looking at a felony for this weight and the minimum jail sentence quadruples to two years. You can face a maximum prison time of 10 years.

Meanwhile the maximum fine for this weight is still $10,000.

Fifty Pounds to 2,000 Pounds

You will notice here that the weight in this class dramatically increases. Nevertheless, it is still a felony with a minimum jail sentence of two years.

However, the maximum prison sentence here doubles to 20 years. You still have a maximum fine of $10,000.

More Than 2,000 Pounds

Finally, you have more than 2,000 pounds of weight. These are the maximum penalties that you can get for any possession of marijuana.

Once again, you are looking at a felony charge. However, the mandatory minimum jail sentence increases to five years.

You also face a maximum jail sentence of 99 years (basically life in prison) and a maximum fine of $50,000.

What About Hash?

Hash is treated differently than marijuana when it comes to punishments. However, it is still illegal in Texas, so there are stiff penalties involved.

Unlike marijuana, possession of any amount of hash is considered a felony. For any amount of possession under 400 grams, you face a maximum fine of $10,000. If you have more than 400 grams of hash in your possession, the maximum fine is $50,000.

What about jail time? This varies significantly depending on the amount.

If you have less than one gram then the potential jail time ranges between 180 days and two years. For any amount over one gram but less than four grams, you are looking at anywhere between two years and 10 years in jail.

The next big range is anything over four grams but less than 400 grams. Here, your jail sentence can range from two years to 20 years.

Finally, you have 400 grams or more of hash in your possession. The range here can be from 10 years to the rest of your life.

As you can see, the amount that you have in both hash and regular marijuana can be significant when it comes to determining a sentence for possession.

Hire a Criminal Lawyer

As you can see, Texas takes its drug laws seriously and the penalties are severe. Anyone facing drug charges will face an uphill battle against a judicial system that has the highest conviction rates in the US.

However, there are ways to minimize the damage and walk away free and clear depending on the circumstances and the skill of the attorneys involved. Having an experienced Texas drug attorney on your side could be the difference between life in jail or a life of freedom.

Don’t gamble with your future if your facing drug charges in Texas. Montgomery criminal defense attorney Andrea Kolski has gone to battle for more than 20 years in Texas drug courts. Her record of dismissals and victories is second to none. If you’d like to see what a tough, skilled Texas drug attorney can do for you, message us with your case details today.

Visit Us

By Appointment Only - Contact Us

The Woodlands Office
8505 Technology Forest Pl #104

The Woodlands, TX 77381

Phone: 832-381-3430

Get in Touch

Free Consultation 832-381-3430

What Our Customers Say

"Andrea is a fantastic attorney versed in many fields. I've retained her services for criminal defense, nondisclosure orders, and family law. She has always provided a...

Steven Street Texas

"Andrea and her staff are definitely one of the greatest of all time. Their professionalism and knowledge of the law and how the system works is unparalleled. I have her...

Dwight Osteen Texas

“Andrea is the most amazing attorney I have ever had in my corner.” — Vincent, client facing 2nd DWI charge, CASE DISMISSED