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Texas Marijuana Laws

In Texas, possession of even a tiny amount of marijuana can land you in jail. 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. 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.

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

Code Section Health & Safety §481.032, et seq.
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
Trafficking -

Note: State laws are constantly changing -- contact a Texas drug crimes attorney or conduct your own legal research to verify the state law(s) you are researching.

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