Marijuana Laws In Texas

Davis-Jones Law Nov. 27, 2018

Over recent years, state laws regarding marijuana and its use have been steadily changing. Over half of the nation now legally allows the use of some form of cannabis for medical purposes and a handful of states have fully legalized the drug. However, change has come slowly to Texas.

Although the state of Texas has legalized the limited use of cannabis oil for the treatment of severe epilepsy, the use of marijuana or any marijuana-related paraphernalia is largely illegal. In fact, the penalties for marijuana-related crimes are more severe in Texas than the majority of other states in the nation.


The possession of any amount of marijuana (with the exception of registered medical patients) is a crime in Texas. That being said, the severity of the penalty is generally proportionally to the amount of cannabis in possession; the greater the amount of marijuana, the more severe the penalty.

  • 4 ounces or less – Possession of 4 ounces or less of marijuana is one of the few marijuana-related crimes that the state of Texas does not consider a felony. Being caught with up to 4 ounces can result in a fine of up to $4,000 and up to a year of jail time.

  • More than 4 ounces – The possession of more than 4 ounces of marijuana is considered a felony. A conviction will come with a mandatory minimum sentence of between 180 days in jail and a life sentence and a fine of between $10,000 and $50,000.

Sale or Distribution of Marijuana

  • 7 grams or less – The sale of 7 grams of marijuana or less is considered a misdemeanor and can result in up to a year of jail time and a fine of up to $4,000.

  • More than 7 grams – The sale of more than 7 grams of marijuana is considered a felony and a conviction carries a minimum sentence of between 180 days and 10 years. The maximum sentence, depending on the amount, can range from 2 years to a life sentence and the fine can range from $10,000 to $100,000.

  • Sale to a minor – The sale or any amount of marijuana to a minor is a felony. A conviction carries a mandatory minimum sentence of 2 years and a potential maximum sentence of up to 20 years and a fine of up to $10,000.

Although there are groups that are working to change marijuana regulations in the state of Texas, change is coming slowly. In the meantime, those convicted of marijuana related crimes are likely to face punishment and severe consequences, even if they consumed cannabis in a state where it is legal.

If you are involved in a marijuana-related crime and are potentially facing legal consequences, solid defense could make all the difference. In these situations, it is highly recommended that you obtain the services of an experienced legal professional.