Penalties for Marijuana Possession in Texas

In Texas, possession of marijuana is covered under Section 481.121 of the Texas Controlled Substances Act. Under this Section, a person commits the offense of marijuana possession if he or she knowingly or intentionally possesses a usable quantity of marijuana.

Marijuana possession can be charged as either a misdemeanor or a felony offense in Texas depending upon the amount in the individual's possession.

  • Two ounces or less – Class B misdemeanor
  • More than two ounces, but less than four ounces – Class A misdemeanor
  • Five pounds or less, but more than four ounces – state jail felony
  • 50 pounds or less, but more than five pounds – felony of the third degree
  • Possession of 2,000 pounds or less, but over 50 pounds – felony of the second degree

In Texas, a Class B misdemeanor is punishable by up to 180 days in jail and a maximum fine of $2,000.

The punishment for a Class A misdemeanor is up to 1 year in jail and up to a $4,000 fine.

A state jail felony is punishable by 180 days to 2 years in jail and a $10,000 fine.

A third-degree felony is punishable by 2 to 10 years in jail and up to a $10,000 fine.

A second-degree felony is punishable by 2 to 20 years in prison and a maximum fine of $10,000.

If an individual is found with over 2,000 pounds of marijuana in his or her possession, they face life imprisonment in the Texas Department of Criminal Justice.

Were you arrested for possessing marijuana?

If you have been arrested on possession charges, you face incarceration and thousands in fines. Despite the fact that possessing a small amount of marijuana for personal use may seem minor, unfortunately the penalties associated with the offense are severe and can impact many aspects of your personal and professional life due to the consequences of a criminal conviction, incarceration and fines.

Whenever you are facing any type of drug charges, it's critical that you enlist the support of an aggressive defense attorney. If you have been arrested for possessing marijuana or any other drug-related offense, we urge you to contact a Forth Worth drug crime attorney from The Law Office of A. Oliver Hassibi at once. We can be reached at (817) 953-2663 for a free consultation.

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