Possession of Marijuana

Marijuana Possession Penalties by Amount

Possession of 2 ounces or less is a Class B misdemeanor (up to 180 days jail, $2,000 fine). 2 to 4 ounces is a Class A misdemeanor (up to 1 year jail, $4,000 fine). 4 ounces to 5 pounds is a state jail felony (180 days to 2 years). 5 to 50 pounds is a 3rd degree felony (2–10 years). 50 to 2,000 pounds is a 2nd degree felony (2–20 years). Over 2,000 pounds is a 1st degree felony (5–99 years).

Hemp vs. Marijuana

Since Texas legalized hemp in 2019, law enforcement must now prove that a substance contains more than 0.3% THC to charge it as marijuana. This has created challenges for prosecutors, as many crime labs cannot distinguish between hemp and marijuana without expensive testing. An experienced attorney can challenge whether the substance was actually marijuana under the legal definition.

Delivery and Distribution of Marijuana

Delivery of marijuana carries higher penalties than simple possession. Delivery of 7 grams or less (without payment) is a Class B misdemeanor. Delivery of larger amounts or for payment escalates to felony charges. Possession with intent to deliver is charged based on the quantity and circumstances of the arrest.

Deferred Adjudication and Expunction

First-time marijuana offenders may be eligible for deferred adjudication, which allows you to avoid a conviction if you complete probation. After successful completion, you may be eligible to have the arrest record sealed. An attorney can evaluate your eligibility and work to protect your record.

Potential Penalties

• › 2 oz or less: Class B misdemeanor up to 180 days jail, $2,000 fine
• › 2–4 oz: Class A misdemeanor up to 1 year jail, $4,000 fine
• › 4 oz – 5 lbs: State jail felony (180 days to 2 years
• › 5–50 lbs: 3rd degree felony (2–10 years
• › 50–2,000 lbs: 2nd degree felony (2–20 years
• › Over 2,000 lbs: 1st degree felony (5–99 years

Possible Defenses

• › Unlawful search and seizure
• › The substance was hemp, not marijuana (THC content below 0.3%)
• › Lack of knowledge or possession
• › Constructive possession: drugs were not yours
• › Eligibility for deferred adjudication
• › Lab testing errors

Frequently Asked Questions