Law Information

5 Reasons Why You Don’t Want to Be Caught With Weed in Texas

By May 15, 2018 No Comments

Texas marijuanaTexas marijuana laws are some of the toughest in the country. More than 70,000 people are arrested for marijuana crimes in Texas each year, and 97% of those arrests are for minor possession.

Whether you’re a Texas resident or planning to visit the Lonestar state, your safest bet is to leave marijuana behind. Keep reading to learn why you definitely never want to be caught with weed in Texas.

1. Little Weed, Big Crime

No matter how small the amount of marijuana you have, Texas marijuana law considers it a crime.

A possession of marijuana under 2 ounces will be deemed a Class B misdemeanor, possession of 2-4 ounces is considered a Class A misdemeanor.

Possessing any amount of weed up to one pound in Texas can land you 6 months to 2 years in state jail along with fines up to $10,000. If you don’t have prior convictions, you may get off with probation and court-ordered drug treatment.

2. Felony

If you are caught with more than 4 ounces of marijuana in Texas, you’ll forever have a felony on your record.

Yes. Texas law indicates possession of 4 ounces to 5 pounds of weed as a state jail felony. The penalty? A minimum of six months in state prison.

It gets worse the more weed you have. After five pounds, the sentence is a 3rd-degree felony with a minimum punishment of 2 years in prison (up to 10 years) with a $10,000 fine.

Fifty to 200 pounds of marijuana is classified as a 2nd-degree felony and can get up to 20 years in federal prison with a $10,000 fine.

If you are caught possessing more than 200 pounds of marijuana in Texas, you’re looking at a 1st-degree felony, as many as 99 years in prison, and a max $50,000 fine.

3. No Leniency on Gifting or Selling

Most states consider gifting weed less than 1/4 of an ounce as the same as possession. However, Texas does not.

Texas court will sentence a gifter to 6 months minimum jail time and a $2,000 fine, without the option for probation (even if its a first-offense).

If you’re caught selling 1/4 of an ounce or less (7 grams or less), the penalty can increase to one year.

4. Selling = Big Trouble

Selling marijuana in Texas holds the same punishment as a possession. The sentence is based on weight, too. However, the classification of crime is worse.

Selling 0.25 ounces or less of marijuana in Texas can get you a Class A misdemeanor if no remuneration and a minimum 180 days of jail time.

If you are caught selling 1/4 ounces or more, you’ll get a felony and various amounts of prison based on how much you’re selling.

5. THC Oil–Just as Bad

Unless you have an actual prescription for a low-THC substance from a licensed physician, Texas marijuana laws are even more strict regarding THC oil.

Possessing any kind of THC oil in Texas, including wax, dabs, and marijuana concentrate, is considered a felony despite the weight.

If you’re caught with one gram or less, you’ll get a state jail felony on your record. One to 4 grams is a third-degree felony, and so on.

Do you Need a Texas Marijuana Lawyer?

If you or someone you know has been caught possessing or selling marijuana in Texas, hiring a criminal defense attorney is the best option for fighting back against Texas marijuana laws.

Attorney Roland J. Garcia is dedicated to protecting the rights of the citizens of Texas, providing exceptional legal counsel, and winning cases.

Contact us today to schedule a free consultation.