Unlike more progressive states, marijuana possesion is not legal in Texas. In fact, Texas has some of the harshest laws against marijuana possession in the United States. Recreational use is always illegal and medical marijuana use is heavily regulated. Although it may be legal elsewhere, possession, sale, and distribution of marijuana for non-medical purposes are still criminal offenses in Texas, punishable by fines, probation, or imprisonment.
Penalties for Marijuana Possession in Texas
Under Texas law, the penalties for marijuana possession are wide-ranging, depending primarily on the amount of marijuana in your possession. For example, possessing two ounces or less is a class B misdemeanor, while having more than 2,000 pounds is a first-degree felony. Even possessing less than 2 ounces could land you up to 180 days in jail and fines of up to $2,000.
What Happens if You Are Caught with a Small Amount of Weed in Texas?
You can be arrested and convicted of marijuana possession in Texas if you were found with a “useable amount” of marijuana. “Useable amount” is not defined under the law but is usually interpreted to mean an amount that can be either rolled into a cigarette or smoked in a pipe. Additionally, THC is a penalty group 2 controlled substance in Texas and possession is a felony. This means edibles or THC vape is illegal too in Texas.
You could be criminally charged even for small amounts of “weed.” If you are lucky and it’s your first offense, the judge may agree to dismiss your case in exchange for participating in a drug diversion program.
Can You Face Federal Charges for Marijuana in Texas?
Typically, marijuana possession is charged at the state level in Texas. However, it is also illegal under US federal law. So yes, you could face federal charges. For example, you could be federally charged if you were arrested on federal land (such as a national park or international airport) or carried the marijuana across state lines.
Under federal law, the penalties for marijuana possession vary based on the number of prior convictions.
• A first conviction for possession of any amount of marijuana is punishable by up to 12 months in jail and a minimum fine of $1,000.
• A second conviction for possession of any amount of marijuana has a maximum punishment of up to two years in prison and a minimum fine of $2,500.
• A third conviction for possession of any amount of marijuana has a maximum punishment of up to three years in prison and a minimum fine of $5,000.
Medical Marijuana in Texas
The Texas Compassionate Use Act allows for the limited use of low-THC cannabis for qualifying medical conditions. It allows patients access to medical marijuana under the supervision of a physician. Physicians can only prescribe a low-level THC to individuals with eligible medical conditions. There is a long list of eligible conditions and include:
• Epilepsy
• Multiple sclerosis
• Autism
• Terminal cancer
• An incurable neurodegenerative disease such as ALS or Alzheimer’s.
Sugar Land Criminal Defense Lawyer Adam Capetillo
If you have been arrested, you need a criminal defense lawyer. For Sugar Land criminal defense lawyer Adam Capetillo,call (346) 249-5544 24/7! Attorney Capetillo’s policy is: “I am available to my clients 24/7 and will be able to give you well-informed legal advice. When you call my firm, you can trust that you will speak directly with me, Attorney Adam Capetillo.”
A Fort Bend County native, he has many years of experience and is very familiar with the criminal justice system in Texas. He will protect your rights and defend you with passion.
