Offense
Penalty
Incarceration
Max. Fine

Possession

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.
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