Texas Marijuana Penalties
tax stamps
Incarceration Fine
Possession
2 oz or less* class B misdemeanor 180 days $2,000
2 to 4 oz* class A misdemeanor 1 year $4,000
4 oz to 1 lb* state jail felony
180 days - 2
years $10,000
1 to 5 lbs state jail felony
180 days - 2
years
$10,000
5 to 50 lbs
felony of the third
degree 2 - 10 years $10,000
50 to 2,000 lbs
felony of the second
degree 2 - 20 years $10,000
More than 2,000 lbs felony 5 - 99 years $50,000
Sale
Gift of 1/4 oz or less class B misdemeanor 180 days $2,000
Sale of 1/4 oz or less class A misdemeanor 1 year $4,000
1/4 oz to 5 lbs state jail felony
180 days - 2
years $10,000
5 to 50 lbs
felony of the second
degree 2 - 20 years $10,000
50 to 2,000 lbs
felony of the first
degree 5 - 99 years $10,000
2,000 lbs or more felony
MMS 10 - 99
years $100,000
To a minor felony 2 - 20 years $10,000
Within 1,000 feet of a school or within 300 feet of
specified areas misdemeanor or felony
increased
penalty
increased
penalty
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession class C misdemeanor none $500
Paraphernalia sale class A misdemeanor 1 year $4,000**
Details
* With no prior felony convictions, if convicted of possession of less than one pound of marijuana a judge must
impose a sentence of probation with mandatory drug treatment. If no treatment center exists within the
jurisdiction, the judge may waive the treatment requirement. They judge can also waive all fines.
** Unless previous conviction of paraphernalia sale or possession (if previous conviction, 90 days to 1 year).
Paraphernalia sale to a minor at least 3 years younger than actor- State Jail Felony = 180 days-2 years;
$10,000
Possession of two ounces or less of marijuana is punishable by up to 180 days in jail and a fine up to $2,000