Marijuana Policy In Texas

 Posted by at 9:05 AM on February 27, 2012  Ending Marijuana Prohibition
Feb 272012
 February 27, 2012

texas medical marijuanaTexas Marijuana Policy

Texas is a big state, and since it also shares a border with Mexico, marijuana is fairly common. Good marijuana is not common, but marijuana from Mexico is readily available in Texas from what I’m told, and it’s dirt cheap. It’s dirt weed, so the price is appropriate I think lol. The penalties for marijuana possession in Texas are stiff, especially when you consider most of the marijuana that is in the state is likely compressed, making possession of a couple of ounces an easy limit to exceed. Below are is a summary of the marijuana laws in Texas, courtesy of Texas NORML:

Decriminalized? — No.

Possession of 2 oz or less is a Class B misdemeanor, punishable by 180 days in jail and a $2,000 fine.

Possession of 2 to 4 oz is a Class A misdemeanor, punishable by 1 year in jail and a $4,000 fine.

Possession of 4 oz to 1lb is a felony, punishable by 180 days to 2 years jail, and a $10,000 fine.

Possession of 1 to 5lbs is a felony, punishable by 180 days to 2 years in jail, and a $10,000 fine. Similar to the previous possession, but the jail sentence will be more towards the maximum.

Possession of 5 to 50lbs is a felony in the third degree, punishable by 2-10 years in prison and a $10.000 fine.

Possession of 50 to 2,000 lbs is a felony in the second degree, punishable by 2-20 years in prison and a $10,000 fine. Similar to the previous possession, but the jail sentence will be more towards the maximum.

Possession of more than 2,000lbs is a felony in the first degree, punishable by 5-99 years in prison and a $50,000 fine.

If there are no prior felony convictions, and the current charge is possession of less than one pound, a judge can impose probation and/or mandatory drug treatment instead of the jail time, as well as waive all fines.

Distributing less than 7 grams with no compensation is a class B misdemeanor, punishable by 180 days in jail and a fine of $2,000.

Distributing less than 7 grams for compensation is a class A misdemeanor, punishable by 1 year in jail and a $4,000 fine.

Distributing 7 grams to 5lbs is a felony, punishable by 180 days to 2 years in jail and a $10,000 fine.

Distributing 5 to 50lbs is a felony in the second degree, punishable by 2-20 years in prison and a $10,000 fine.

Distributing 50 to 2,000lbs is a felony in the first degree, punishable by 5-99 years in prison and a $10,000 fine.

Distributing 2,000lbs or more is a felony, punishable by a minimum sentence of 10 years, but up to 99 years, and a $100,000 fine.

Distributing any amount to a minor is a felony in the second degree, punishable by 2-20 years in prison and a $10,000 fine.

Selling within 1,000 feet of a school or within 300 feet of specified areas increases the penalty in both categories.

Possession of paraphernalia is a class C misdemeanor, punishable by a fine of $500.

Distributing paraphernalia is a class A misdemeanor, punishable by 1 year in jail and a $4,000 fine.

Distributing paraphernalia to a minor at least 3 years younger than the offender is a felony, punishable by 180 days to 2 years in jail and a $10,000 fine.

Repeat offenses bump the charges up one level. For example, if it was a class B misdemeanor, and it’s your second offense for the same thing, it is now a class A misdemeanor. Same with felonies.

Texas is one of the last states to have a Marijuana Tax Stamp Law. Essentially, in order to possess the marijuana, you have to have a stamp. However, you only get the stamp when you are already in possession of the marijuana, which makes in you in violation. This act is illegal, but until it is challenged, it will remain on the books. A similar law was enacted at the Federal level and was later found to be unconstitutional.

Medical Program? — No.

If you want to bring marijuana reform to Texas, below are some great places to get started:

Texas Marijuana Policy Project

Texas Students for Sensible Drug Policy

Texas Americans for Safe Access

Texas NORML Chapters

About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • http://profile.yahoo.com/LHK3HJ4G3QDI4YN2APEJ2DDSOE chris

    No medical program and no small fine option for minor possession….I think any state that doesn’t have a medical program either in effect or attempting to pass it (16 states have a program…10+ more states are in the process of passing it) shows a level of ignorance in that state.

  • %@#

    Am planting weed what will happen if i get cought how many days will i spend in jail And what will be the fine

  • jamie

    anyone know if there is a search warrant for someone and the cops come in and find weed or a pipe what r the laws for that ?