Texas Marijuana Laws

Attitudes about marijuana have been rapidly changing, but Texas goes its own way. Neighboring states have passed laws permitting medical use of marijuana, de-criminalizing petty offenses, and even legalizing the recreational use of the plant. Texas, by contrast, continues to punish marijuana offenses severely, although it did pass a very restrictive medical cannabis law allowing limited use of low-THC (the psychoactive component), high-CBD cannabis oil.

In Texas, possession of even a tiny amount of marijuana can land you in jail; in fact, anything less than 2 ounces carries a maximum penalty of 180 days in jail and a fine of up to $2,000. But penalties are even more serious for possessing concentrates such as hash oil, which is charged as a felony and can result in up to two years in state prison.

Learn more about Texas marijuana laws in the table below. See Details on State Marijuana Laws for more general information.

Statute Texas Health & Safety §481.032, et seq.
Elements of Texas Marijuana Laws

Possession

Under 2 oz.: Class B misdemeanor; 2-4 oz.: Class A misdemeanor; 4 oz. to 5 lbs.: State jail felony; 5-50 lbs.: 3rd degree felony; 50-2000 lbs.: 2nd degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 5-99 yrs. and $50,000

Sale

.25 oz. or less: Class B misdemeanor (if no remuneration); .25 oz. or less: Class A misdemeanor (with remuneration); .25 oz. to 5 lbs.: state jail felony; 5 lbs. to 50 lbs.: 2nd degree felony; 50-2000 lbs.: 1st degree felony; Over 2000 lbs.: Texas Dept. of Criminal Justice institution for life or 10-99 yrs. and/or $100.000; Delivery to minor under 17 who is enrolled in school and over .25 oz.: 2nd degree felony; Within drug-free zone: penalties doubled

Diversion Programs

Some court districts in Texas have drug diversion programs that allow certain first-time offenders to complete a rehabilitation program instead of serving a prison sentence.

Penalties and Sentences

The sale of just 7 grams (roughly one-quarter ounce) of cannabis also carries a maximum penalty of 180 days in jail and a possible $2,000 fine. But selling more than 50 pounds of the herb (a felony) can land you in prison for 99 years, with a mandatory minimum sentence of five years. Selling any amount of marijuana to a minor is a felony, with a maximum sentence of 20 years.

Medical Marijuana Texas Compassionate Use Act: Main Provisions
  • Illnesses: Intractable epilepsy
  • Possession: Any amount of low-THC (up to 0.5%), high-CBD (more than 10%) oil as prescribed by a physician (raw herb and other cannabis preparations are not allowed)
  • Cultivation: Not allowed
  • Dispensaries: Limited number of state-licensed facilities
  • Statute: Texas Health and Safety Code § 487.001, et seq.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Legal Help With Your Texas Marijuana Case

Although there's a national trend toward de-criminalization and even legalization of marijuana in many states, Texas continues to punish the possession and use of the drug. If you've been charged under the marijuana laws of Texas, a conviction could affect your ability to find work, damage your reputation, and more. Protect your rights and your future by contacting a local Texas drug crimes attorney today.

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