Marijuana Charges

Texas marijuana laws are some of the strictest – possessing just two ounces qualifies for jail time. Since marijuana is classified as a Schedule I substance, this means that the potential for abuse is high and the penalties associated with it are nothing to scoff at.

What could I be charged with?

Although some states have begun legalizing marijuana, the state of Texas does not recognize marijuana as having any medical value. For this reason, it is still a crime to possess, cultivate, sell or distribute any amount of marijuana – which also includes drug paraphernalia that can be used to harvest, store, sell, smoke or ingest the drug. Simply possessing drug paraphernalia in Texas can result in a $500 fine.

If the marijuana-related drug crime was committed in a drug-free school zone or involved a minor, the penalties can be significantly increased. Texas also imposes a tax stamp on any marijuana-related transactions, but because the drug is illegal, paying for the tax stamp is typically avoided. If you are convicted of a drug crime, you may have to pay for the tax stamp – which is typically $3.50 for each gram or portion of a gram.

Penalties for Marijuana Possession in Texas

It is a crime to possess any amount of marijuana in Texas. If you are arrested for this crime, the severity of the resulting penalties will depend on the amount of marijuana that was uncovered.

According to Texas Code § 481.121, the penalties can include:

• Possessing less than 2 ounces: 180 days in jail & $2,000 in fines.
• Possessing 2 to 4 ounces: 1 year in jail & $4,000 in fines.
• Possessing 4 ounces to 5 pounds: 180 days to 2 years in prison & $10,000 in fines.
• Possessing 5 to 50 pounds: 2 to 10 years in prison & $10,000 in fines.
• Possessing 50 to 2,000 pounds: 2 to 20 years in prison & $10,000 in fines.
• Possessing 2,000+ pounds: 5 to 99 years in prison & $50,000 in fines.

Penalties-for-Marijuana Cultivation & Sales

It is also a crime to cultivate or sell marijuana. If you are arrested for this crime, the severity of the penalties will depend on the amount of marijuana that was cultivated or sold. According to Texas Code § 481.120, the penalties for selling marijuana include:

• Gifting ¼ of an ounce or less: 180 days in jail & 2,000 in fines
• Selling ¼ of an ounce or less: 1 year in jail & $4,000 in fines
• Selling ¼ of an ounce to 5 pounds: 180 days to 2 years in prison & $10,000 in fines
• Selling 5 to 50 pounds: 2 to 20 years in prison & $10,000 in fines
• Selling 50 to 2,000 pounds: 5 to 99 years in prison & $50,000 in fines
• Selling 2,000+ pounds: 10 to 99 years in prison & 50,000 in fines

Don’t Fight Your Drug Charges Alone

The Huff Law Firm can review various factors regarding your charges and build a defense plan personalized to your case. As a Houston drug crime lawyer, I can determine what the best possible defense strategy is. I can also provide in-depth guidance throughout each and every step of the process