Texas Marijuana Laws: What You Need To Know
The law prohibits the possession of a controlled substance - such as marijuana, cocaine, and methamphetamine. Possession has a specific meaning under the law; not surprisingly, that definition is not the same as used in everyday life.
In Texas, law possession means "care, custody or control" over something. Custody is fairly straightforward and means what you would think it means. The other two terms, however, are somewhat broader than the normal understanding. This is an important issue when drugs are found somewhere other than on your person. The most common situations are drugs found in a car or a house.
Even though possession of small amounts of marijuana is legal in many places, it's still against the law in Texas.
Is Possession of Weed a Felony in Texas?
Possession of even a small amount of marijuana (also known as cannabis, weed, pot, and many other names) is a misdemeanor offense; it’s no different than assault or theft. While a misdemeanor offense is severe enough, it becomes even more serious the more pot you have. Like most drug offenses, possession of large amounts of cannabis can be a felony, which means it’s something you can go to prison for.
Penalties for Possession of Marijuana in Texas
Marijuana possession laws are classified according to the amount of cannabis as follows.
2 ounces or less:
- Class B misdemeanor
- Not more than 180 days in a county jail and/or a fine of not more than $2,000
More than 2 ounces, but less than 4 ounces:
- Class A misdemeanor
- Not more than 1 year in a county jail and/or a fine of not more than $4,000
More than 4 ounces, but less than 5 pounds:
- State jail felony
- 180 days to 2 years in a state jail and/or a fine of not more than $10,000
More than 5 pounds, but less than 50 pounds:
- Third-degree felony
- 2 to 10 years in a state prison and/or a fine of not more than $10,000
More than 50 pounds, but less than 2,000:
- Second-degree felony
- 2 to 20 years in a state prison and/or a fine of not more than $10,000
More than 2,000 pounds:
- Enhanced first-degree felony
- 5 to 99 years and a fine of not more than $50,000
License Suspension for Marijuana Possession and Other Issues
There are also serious consequences to a conviction for possession of marijuana, which few people are aware of. One of the most significant is that you can face driver's license suspension for up to six months following a conviction on any violation of the Texas Controlled Substances Act, including marijuana. A lot of people find this out the hard way when they receive a notice of suspension in the mail.
If you hold any type of professional license or hope to apply for one in the future, a conviction for cannabis can be a serious problem. It’s classified as a drug offense, and many organizations treat it no differently than a conviction for cocaine, methamphetamine, or any other drug. That’s why it’s critical to do everything you can to keep this off your record.
