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Offense | Penalty | Incarceration | Max. Fine | |
|---|---|---|---|---|
Texas Drug Possession Penalties by Weight | ||||
2 oz or less | Misdemeanor | 180 days | $ 2,000 | |
2 – 4 oz | Misdemeanor | 1 year | $ 4,000 | |
4 oz to 5 lbs | Felony | 180 days* – 2 years | $ 10,000 | |
5 – 50 lbs | Felony | 2* – 10 years | $ 10,000 | |
50 – 2000 lbs | Felony | 2* – 20 years | $ 10,000 | |
More than 2000 lbs | Felony | 5* – 99 years | $ 50,000 | |
* Mandatory minimum sentence | ||||
Sale | ||||
7 g or less for no remuneration | Misdemeanor | 180 days | $ 2,000 | |
7 g or less | Misdemeanor | 1 year | $ 4,000 | |
7 g to 5 lbs | Felony | 180 days* – 2 years | $ 10,000 | |
5 – 50 lbs | Felony | 2* – 10 years | $ 10,000 | |
50 – 2000 lbs | Felony | 5* – 99 years | $ 10,000 | |
More than 2000 lbs | Felony | 10* – 99 years | $ 100,000 | |
To a minor | Felony | 2* – 20 years | $ 10,000 | |
* Mandatory minimum sentence | ||||
Cultivation | ||||
See Possession section for penalty details. | ||||
Hash & Concentrates | ||||
Possession of less than 1 g | Misdemeanor | 180 days* – 2 years | $ 2,000 | |
Possession of 1 – 4 g | Misdemeanor | 2* – 10 years | $ 4,000 | |
Possession of 4 – 400 g | Felony | 2* – 20 years | $ 10,000 | |
Possession of more than 400 g | Felony | 10 years* – life | $ 10,000 | |
Manufacture or delivery of less than 1 g | Felony | 180 days* – 2 years | $ 10,000 | |
Manufacture or delivery of 1 – 4 g | Felony | 2 – 20 years | $ 50,000 | |
Manufacture or delivery of 4 – 400 g | Felony | 5 – 99 years | $ 10,000 | |
Manufacture or delivery of more than 400 g | Felony | 10 years – life | $ 10,000 | |
*Mandatory minimum sentence | ||||
Miscellaneous | ||||
Falsifying a drug test | Misdemeanor | 180 days | $ 2,000 | |
Penalty Group 1
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 1 gram | State jail felony (H&S Code Art. 481.115(b))* | State jail felony (H&S Code Art. 481.112(b))* |
1 gram or more, but less than 4 grams | Third-degree felony (H&S Code Art. 481.115(c)) | Second-degree felony (H&S Code Art. 481.112(c)) |
4 grams or more, but less than 200 g | Second-degree felony (H&S Code Art. 481.115(d)) | First-degree felony (H&S Code Art. 481.112(d)) |
200 grams or more, but less than 400g | First-degree felony (H&S Code Art. 481.115(e)) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $100,000** (H&S Code Art. 481.112(e)) |
400 grams or more | Enhanced first-degree felony: 10–99 years or life, and a fine up to $100,000** (H&S Code Art. 481.115(f)) | Enhanced first-degree felony: 15–99 years or life, and a fine up to $250,000** (H&S Code Art. 481.112(f)) |
Penalty Group 1-A
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Fewer than 20 units | State jail felony (H&S Code Art. 481.1151(b)(1))* | State jail felony (H&S Code Art. 481.1121(b)(1))* |
20 or more units, but less than 80 | Third-degree felony (H&S Code Art. 481.1151(b)(2)) | Second-degree felony (H&S Code Art. 481.1121(b)(2)) |
80 units or more, but less than 4,000 | Second-degree felony (H&S Code Art. 481.1151(b)(3)) | First-degree felony (H&S Code Art. 481.1121(b)(3)) |
4,000 units or more, but less than 8k | First-degree felony (H&S Code Art. 481.1151(b)(4)) | Enhanced first-degree felony: 15–99 or life, and a fine up to $250,000** (H&S Code Art. 481.1121(b)(4)) |
8,000 units or more | Enhanced first-degree felony: 15–99 or life, and a fine up to $250,000** (H&S Code Art. 481.1151(b)(5)) | Enhanced first-degree felony: 15–99 or life, and a fine up to $250,000** (H&S Code Art. 481.1121(b)(4)) |
Penalty Group 1-B (fentanyl or any derivative)
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Under 1 gram | State jail felony (H&S Code Art. 481.115(b))* | State jail felony (H&S Code Art. 481.1123(a)) |
1–4 grams | Third-degree felony (H&S Code Art. 481.115(c)) | Second-degree felony (H&S Code Art. 481.1123(b)) |
4–200 grams | Second-degree felony (H&S Code Art. 481.115(d)) | Enhanced first-degree felony: 10–99 years or life, and a fine up to $20,000** (H&S Code Art. 481.1123(d)) |
200–400 grams | First-degree felony (H&S Code Art. 481.115(e)) | Enhanced first-degree felony: 15–99 years or life, and a fine up to $200,000** (H&S Code Art. 481.1123(e)) |
Over 400 grams | Enhanced first-degree felony: 10–99 years or life in a state prison, and a fine up to $100,000** (H&S Code Art. 481.115(f)) | Enhanced first-degree felony: 20–99 years or life, and a fine up to $500,000** (H&S Code Art. 481.1123(f)) |
Penalty Group 2
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 1 gram | State jail felony (H&S Code Art. 481.116(b))* | State jail felony (H&S Code Art. 481.113(b))* |
1 gram or more, but less than 4 grams | Third-degree felony (H&S Code Art. 481.116(c)) | Second-degree felony (H&S Code Art. 481.113(c)) |
4 grams or more, but less than 400 grams | Second-degree felony (H&S Code Art. 481.116(d)) | First-degree felony (H&S Code Art. 481.113(d)) |
400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000** (H&S Code Art. 481.116(e)) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000** (H&S Code Art. 481.113(e)) |
Penalty Group 2-A* (synthetic cannabinoids)
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 2 ounces | Class B (H&S Code Art. 481.1161(b)(1)) | State jail felony (H&S Code Art. 481.113(b))* |
2 ounces or more, but less than 4 ounces | Class A (H&S Code Art. 481.1161(b)(2)) | Second-degree felony (H&S Code Art. 481.113(c)) |
4 ounces or more, but less than 5 pounds | State jail felony (H&S Code Art. 481.1161(b)(3))* | First-degree felony (H&S Code Art. 481.113(d)) |
5 pounds or more, but less than 50 pounds | Third-degree felony (H&S Code Art. 481.1161(b)(4)) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000** (H&S Code Art. 481.113(e)) |
50 pounds or more, but less than 2,000 lbs | Second-degree felony (H&S Code Art. 481.116(b)(5)) | |
2,000 pounds or more | Special first-degree felony: 5–99 or life and a fine up to $50,000** (H&S Code Art. 481.116(b)(6)) |
Penalty Group 2-A* (concentrated form)
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 1 gram | State jail felony (H&S Code Art. 481.116(b))* | State jail felony (H&S Code Art. 481.113(b))* |
1 gram or more, but less than 4 grams | Third-degree felony (H&S Code Art. 481.116(c)) | Second-degree felony (H&S Code Art. 481.113(c)) |
4 grams or more, but less than 400 grams | Second-degree felony (H&S Code Art. 481.116(d)) | First-degree felony (H&S Code Art. 481.113(d)) |
400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000** (H&S Code Art. 481.116(e)) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000** (H&S Code Art. 481.113(e)) |
Penalty Group 3
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 28 grams | Class A misdemeanor (H&S Code Art. 481.117(b)) | State jail felony (H&S Code Art. 481.114(b))* |
28 grams or more, but less than 200 grams | Third-degree felony (H&S Code Art. 481.117(c)) | Second-degree felony (H&S Code Art. 481.114(c)) |
200 grams or more, but less than 400 grams | Second-degree felony (H&S Code Art. 481.117(d)) | First-degree felony (H&S Code Art. 481.114(d)) |
400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000** (H&S Code Art. 481.117(e)) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000** (H&S Code Art. 481.114(e)) |
Penalty Group 4
Amount | Punishment Range for Possession | Punishment Range for Delivery or Manufacture |
|---|---|---|
Less than 28 grams | Class B (H&S Code Art. 481.118(b)) | State jail felony (H&S Code Art. 481.114(b))* |
28 grams or more, but less than 200 grams | Third-degree felony (H&S Code Art. 481.118(c)) | Second-degree felony (H&S Code Art. 481.114(c)) |
200 grams or more, but less than 400 grams | Second-degree felony (H&S Code Art. 481.118(d)) | First-degree felony (H&S Code Art. 481.114(d)) |
400 grams or more | Special first-degree felony: 5–99 or life and a fine up to $50,000** (H&S Code Art. 481.118(e)) | Enhanced first-degree felony: 10–99 or life and a fine up to $100,000** (H&S Code Art. 481.114(e)) |
Penalty Details
Possession
2 ounces or less of marijuana: Classified as a misdemeanor, this offense carries a potential penalty of up to 180 days in jail and a fine not exceeding $2,000.
Between 2 and 4 ounces of marijuana: Also a misdemeanor, punishable by up to 1 year of imprisonment and a fine not exceeding $4,000.
Between 4 ounces and 5 pounds of marijuana: This is classified as a felony, with penalties including a mandatory minimum of 180 days in jail, up to a maximum of 2 years imprisonment, and a fine not exceeding $10,000.
Between 5 pounds and 50 pounds of marijuana: Considered a felony, punishable by a mandatory minimum of 2 years in prison, a maximum of 10 years, and a fine not exceeding $10,000.
Between 50 pounds and 2,000 pounds of marijuana: This offense is a Second Degree felony, carrying a mandatory minimum sentence of 2 years, a maximum of 20 years imprisonment, and a fine not exceeding $10,000.
More than 2,000 pounds of marijuana: Classified as a felony, this carries a mandatory minimum sentence of 5 years, a maximum of 99 years imprisonment, and a fine not exceeding $50,000.
Sale
Sale or Delivery
7 grams or less, as a gift: Classified as a misdemeanor, this offense is punishable by up to 180 days in jail and a fine not exceeding $2,000.
7 grams or less: Also a misdemeanor, with penalties including up to 1 year of imprisonment and a fine not exceeding $4,000.
Between 7 grams and 5 pounds: This is classified as a felony, carrying a mandatory minimum sentence of 180 days in jail, a maximum of 2 years imprisonment, and a fine not exceeding $10,000.
Between 5 pounds and 50 pounds of marijuana: Considered a second-degree felony, punishable by a mandatory minimum of 2 years in prison, a maximum of 20 years imprisonment, and a fine not exceeding $10,000.
Between 50 pounds and 2,000 pounds of marijuana: This offense is a first-degree felony, with penalties including a mandatory minimum sentence of 5 years in prison, a maximum of life imprisonment, and a fine not exceeding $10,000.
More than 2,000 pounds of marijuana: Classified as a felony, punishable by a mandatory minimum sentence of 10 years in prison, a maximum of life imprisonment, and a fine not exceeding $100,000.
Selling marijuana to a child: This is a second-degree felony, punishable by a mandatory minimum sentence of 2 years imprisonment, a maximum of 20 years imprisonment, and a fine not exceeding $10,000.
Cultivation
- Cultivation of marijuana in Texas is penalized based on the total weight of the plants discovered. Refer to the “Possession” section for specific penalty details.
Hash & Concentrates
- Hashish and concentrates are not considered marijuana.
Possession
- Less than one gram: Classified as a state jail felony, this offense is punishable by a mandatory minimum term of 180 days imprisonment, up to 2 years, and a fine not exceeding $10,000.
- More than 1 gram but less than 4 grams: Considered a third-degree felony, with penalties including a mandatory minimum term of 2 years imprisonment, up to 10 years, and a fine not exceeding $10,000.
- More than 4 grams but less than 400 grams: This is a second-degree felony, punishable by a mandatory minimum term of 2 years imprisonment, up to 20 years, and a fine not exceeding $10,000.
- More than 400 grams: The offense is punishable by life imprisonment or a mandatory minimum term of 10 years, up to 99 years, and a fine not exceeding $50,000.
Manufacturing and Selling
Less than 1 gram: Classified as a state jail felony, this offense is punishable by a mandatory minimum term of 180 days imprisonment, up to 2 years, and a fine not exceeding $10,000.
More than 1 gram but less than 4 grams: Considered a second-degree felony, punishable by a term of imprisonment of no less than 2 years and up to 20 years, and a fine not exceeding $10,000.
More than 4 grams but less than 400 grams: This is a first-degree felony, with penalties including a term of imprisonment of no less than 5 years and up to 99 years, and a fine not exceeding $10,000.
More than 400 grams: The offense is punishable by life imprisonment or a term of imprisonment of no less than 10 years and up to 99 years, and a fine not exceeding $100,000.
Sale of Hashish or Concentrates to Minors
- Selling hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is a felony, punishable by a term of imprisonment of no less than 2 years and up to 20 years, and a fine not exceeding $10,000. This penalty applies only if the offender is older than 18 years of age.
Devices for Creating Hashish or Concentrates
Possession: Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of such a device is a misdemeanor, punishable by a fine not exceeding $500.
Manufacturing, Delivering, or Possessing with Intent to Deliver: Engaging in any of these activities with such a device is a misdemeanor, punishable by a term of imprisonment of up to 1 year and/or a fine not exceeding $4,000.
Paraphernalia
Possession of Paraphernalia
- Possession of paraphernalia is a misdemeanor, punishable by a fine not exceeding $500.
Selling or Possessing with Intent to Sell or Deliver Paraphernalia
- This offense is classified as a Class A misdemeanor, punishable by up to 1 year of imprisonment and a fine not exceeding $4,000. If the offender has a prior conviction for this offense, it is upgraded to a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum of 1 year imprisonment.
Selling Paraphernalia to a Minor
- This offense is considered a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not exceeding $10,000.
Miscellaneous
Falsifying a Drug Test
- Falsifying a drug test or possessing materials with the intent to falsify a drug test is classified as a Class B misdemeanor. This offense is punishable by up to 180 days imprisonment and a fine not exceeding $2,000.
More Information
Drugged Driving
- Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions impose additional per se laws, which in their strictest form, forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite in their bodily fluids above a specific state-imposed threshold. For further information about cannabinoids and their impact on psychomotor performance, as well as proposed per se limits, please refer to online resources.
Local Decriminalization
- This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
- This state has passed a low THC law, allowing for the use of cannabis extracts that are high in CBD and low in THC in cases where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
- When convicted of an offense punishable by a mandatory minimum sentence (MMS), the judge must impose the mandatory minimum sentence or a higher sentence. The judge cannot sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.
