Does Marijuana Possession Warrant Jail Time in Texas?

In the state of Texas, marijuana offenses of any kind are still severely punished, even minor possession crimes. Despite the fact that the state has flexed on medical marijuana in recent years, residents could still end up in jail if found in possession of marijuana. However, the nature of the charges and penalties depends on the type of cannabis product you are found in possession of and the apparent purpose for which you possessed it.

For example, when it comes to medical marijuana, you may only possess low-THC (0.5 percent or less), high-CBD (10 percent or more) oil if you have a prescription from a physician and have been diagnosed with intractable epilepsy. Even if approved to use medical marijuana, you may not cultivate or sell it.

The length of time you could spend in jail for having marijuana depends on the amount in your possession:

  • <2 oz.: Class B misdemeanor, punishable by jail time of no more than 180 days
  • 2 – 4 oz.: Class A misdemeanor, punishable by jail time of up to one year
  • 4 oz. – 5 lbs.: State jail felony, punishable by up to two years in jail
  • 5 – 50 lbs.: Third degree felony, punishable by up to 10 years in prison
  • 50 – 2,000 lbs.: Second degree felony, punishable by up to 20 years in prison
  • 2,000+ lbs.: First degree felony, punishable by up to 99 years in prison

Call (214) 301-5007 to Speak to a Drug Crimes Attorney in Dallas

At Crain Lewis Brogdon, LLP, we provide skillful representation for people who are up against the harsh punishments associated with marijuana charges in Texas. Our experienced drug crime attorneys are prepared to evaluate your case for free and help you identify the best course of action in your case. Allow us to come alongside you and give you the help you need during this time.

Contact us to schedule your free consultation today.


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