Since the Farm bill was enacted in 2018, it is legal to possess hemp products that have less than 0.3 percent THC in the U.S.
In Texas, it became legal in mid 2019 when house bill 1325 was passed.
That leaves many people in Texas wondering whether they will get penalized for possession of low THC marijuana ( which is Marijuana with less than 0.3% THC in it). The answer is no.
However, possessing high THC marijuana is another thing altogether. It attracts heavy penalties as Texas has always been strict when it comes to drug possession.
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Classification of drug crimes in Texas
You will find that small drug crimes in Texas are classified under class A, B, or C misdemeanors. Severe infringements of drug laws attract severe felony sentences and fines.
Drug possession and manufacturing penalties are grouped depending on the drug in question. The drug specifications are outlined by the Texas Controlled Substances Act.
Whether you get fined or serve a jail term for marijuana possession in Texas depends on the amount of illegal Marijuana in your possession and whether or not you are manufacturing the product or reselling it, among other factors. Here are the penalties.
Penalties for possession of different quantities of high THC marijuana in Texas
- Possession of two ounces or less of high THC marijuana is a class B misdemeanor that will get you up to 180 days in prison. You can also get fined up to $ 2000.
- Carrying between 2 – 4 ounces of Marijuana is categorized as a class A misdemeanor that’s going to get you up to 1-year imprisonment. You could also get a fine not exceeding $ 4,000.
- It’s a state jail felony to possess between 4 ounces and 5 lbs of high THC marijuana. Anyone guilty of this felony gets a mandatory minimum sentence of 180 days and up to 2 years. The fine for this felony does not exceed $ 10,000
- It’s a third-degree felony to possess between 5 and 50 lbs of Marijuana. It can get you a mandatory minimum sentence of 2 years and a maximum of 10 years behind bars. The fine should not exceed $ 10,000.
- It’s a Second-degree felony to possess between 50 lbs and 2,000 lbs of Marijuana. That is punishable by a mandatory 2 years sentence and up to 20 years in jail. The fine does not exceed $ 10,000.
- It’s a felony to possess more than 2,000 lbs. of Marijuana. It will get you a minimum sentence of 5 years and up to 99 years in jail. The fine does not exceed $ 50,000.
Penalties for selling different quantities of Marijuana in Texas
- You will be charged with a Class B misdemeanor if caught selling or delivering 7 gms or less of Marijuana, for no remuneration. A guilty verdict will get you up to 180 days in prison or a fine not exceeding $2,000.
- If caught selling or delivering 7 gms or less of Marijuana for remuneration, you will be charged with a Class A misdemeanor. That’s punishable by a jail term of up to a year and a fine of up to $4,000.
- Selling or delivering between 7 grams to 5 lbs of Marijuana is a state jail felony. It’s punishable by a minimum mandatory jail term of 180 days and a maximum of 2 years. The fine should not exceed $10,000.
- If caught selling or delivering between 5 lbs. and 2,000 lbs of Marijuana, you will be charged with a first-degree felony. That’s punishable by a mandatory minimum sentence of 5 years in prison and a maximum of life imprisonment. The find does not exceed $ 10,000.
- Selling or delivering more than 2,000 lbs of Marijuana is a felony that is punishable by a mandatory jail term of ten years and a maximum of life imprisonment. The fine does not exceed $ 100,000.
- Selling Marijuana to a child is classified as a Second Degree Felony. It is punishable by a mandatory sentence of 2 years and a maximum of 20 years in prison. The fine does not exceed $ 10,000.
Penalties for possession of Marijuana Paraphernalia in Texas
You may not be caught with Marijuana but have marijuana paraphernalia with you. Here, we’re talking about any tools or items used to harvest Marijuana, package, store, sell or use it.
Possession of marijuana paraphernalia is classified as a Class C misdemeanor in Texas. The penalty is a fine not exceeding $ 500.
Besides, selling or possession with intent to sell or deliver marijuana paraphernalia is a Class A misdemeanor that can get you up to a year in prison or a fine not exceeding $ 4,000.
If one has previously been convicted for the same, it is classified as a felony that is punishable with a mandatory minimum prison sentence of 90 days and a maximum of a year’s imprisonment.
Lastly, selling marijuana paraphernalia to a minor is classified as a state jail felony. It’s punishable by a mandatory minimum jail sentence of 180 days and a maximum of 2 years. The find does not exceed $ 10,000.
Should you find yourself or a loved one on the wrong side on Texas marijuana laws, get in touch with an experienced Texas criminal lawyer for a consult and get ready to plan your defense.