Marijuana Possession Penalties in Texas

Texas’ Criminal Landscape for Pot Possession is Changing, but Serious Penalties Are Still Possible

Updated for 2024

Drug possession of any kind is a serious offense. Marijuana is no exception. Though some people may think that marijuana is not as troublesome as drugs like heroin or cocaine, possessing marijuana can still get you in to serious trouble.

First, Let’s Look at Decriminalization

Some Texas cities have opted to decriminalize marijuana possession: Austin, Denton, Kellen, San Marcos & Elgin. In response, Texas Attorney General Ken Paxton sued to block these ordinances. At its core, you can’t depend on decriminalization, but you might benefit if found in possession. Keep in mind, these are for small amounts of marijuana. Next, there is the whole Delta 9 set of laws, where “hemp-derived” products that stay at or below 0.3% of delta-9 THC levels. As of 2024, there are legislators pushing back, so anything can happen.

General Texas Rules About Possession

At minimum, marijuana possession is considered a misdemeanor. The extent of the charges and penalties are usually contingent upon how much marijuana a person is holding. Also, a judge will consider any prior criminal history (and that goes for any case).

• For a first time offender who is holding less than two ounces of marijuana, the penalty can include up to 180 days in county jail and a fine of $2,000. However, many first time offenders can work out a deal that will require community service and a drug program. Successful completion of these programs could keep your record clean. However, this is up to the discretion of the court.
• If you are holding a significant amount of marijuana, the penalties become much more severe. If you are holding between two and four ounces, the crime becomes a Class A misdemeanor. The penalties can include up to a year in county jail and a fine of $4,000.
• If you are possessing more than four ounces, major penalties become a real possibility. If you hold between four ounces and five pounds, you could be charged with a felony. That means you could spend up to two years in state prison and pay a fine of up to $10,000. The larger the amount you hold, the stiffer the penalty will be.
• If you hold between five and fifty pounds, you will be charged with a worse felony. That could mean between two and ten years in prison and a fine of $10,000. If you have between fifty and two thousand pounds, you could spend up to twenty years in prison and a fine of $10,000. These amounts usually suggest intent to distribute, so you could be charged with additional crimes.
• If a person is holding more than two thousand pounds of marijuana, they will be charged with a major felony. If this is the case, the penalties could involve up to one hundred years in state prison and a fine of $50,000.

In addition to fines and jail times, there are several other penalties. These could include a suspension of driving privileges, drug counseling, probation, and community service. Clearly, marijuana possession is taken seriously in Texas.

If you are accused and seeking a criminal defense lawyer in Austin, consider Attorney Jackson Gorski, and experienced criminal defense attorney practicing in the greater Austin area.