Texas

Texas law tough on marijuana offenses. Fines can run in the thousands, plus years in jail

Marijuana plants about 7-10 days away from harvesting grow at Greenlight Dispensary’s cultivation plant in Kansas City Thursday, Sept. 16, 2021.
Marijuana plants about 7-10 days away from harvesting grow at Greenlight Dispensary’s cultivation plant in Kansas City Thursday, Sept. 16, 2021. jtoyoshiba@kcstar.com

President Joe Biden announced Thursday that he will pardon all federal offenses of simple marijuana possession.

Biden said that no one should be in jail just for using or possessing marijuana and that sending people to prison for it has upended too many lives. The President encouraged state governors to follow suit.

In Texas, marijuana laws are strict for both selling and possessing pot. Fines can reached into the thousands of dollars with jail time. This is what marijuana laws in Texas look like:

What happens if you get arrested with marijuana in Texas?

If someone is caught possessing or selling marijuana in Texas, they could be charged with a misdemeanor or felony.

The penalties for marijuana possession are:

  • 2 ounces or less — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.

  • 2-4 ounces — Class A misdemeanor with a maximum fine of $4,000 and up to one year incarcerated.

  • 4 ounces to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to 2 years incarcerated.

  • 5 to 50 pounds — 3rd degree felony with a maximum fine of $10,000 and two to 10 years incarcerated.

  • 50 to 2,000 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.

  • 2,000 pounds or more — 1st degree felony with a maximum fine of $50,000 and five to 99 years incarcerated.

The penalties for selling marijuana are:

  • 7 grams or less for no compensation — Class B misdemeanor with a maximum fine of $2,000 and up to 180 days incarcerated.

  • 7 grams or less — Class A misdemeanor with a maximum fine of $4,000 and up to a year incarcerated.

  • 7 grams to 5 pounds — State jail felony with a maximum fine of $10,000 and 180 days to two years incarcerated.

  • 5 to 50 pounds — 2nd degree felony with a maximum fine of $10,000 and two to 20 years incarcerated.

  • 50 to 2,000 pounds — 1st degree felony with a maximum fine of $10,000 and five to 99 years incarcerated.

  • 2,000 pounds or more — Enhanced 1st degree felony with a maximum fine of $100,000 and 10 to 99 years incarcerated.

What’s legal in Texas?

In 2019, Texas lawmakers passed legislation allowing farmers to grow hemp, which comes from the same species of plant — cannabis sativa — as marijuana.

Hemp is known for its strong fibers, which can be used in products from building materials and textiles, to clothing and cosmetics, according to USA Today. Back in the 1940s, Ford Motor Company head — Henry Ford — even produced a concept car out of hemp.

While hemp can be used for industrial methods, it’s also used for medicinal purposes. Cannabidiol or CBD is derived from hemp and can be incorporated into foods or as oil or a salve.

The process starts with extracting CBD from the plant using hemp seed oil, coconut oil or olive oil Many people find benefits for CBD, with some using the product in oil or salve form to help ease pain or mental health symptoms, according to Healthline. CBD oil is legal to sell in Texas as long as it contains 0.3% or less tetrahydrocannabinol (THC).

This story was originally published October 6, 2022 at 4:38 PM.

Brayden Garcia
Fort Worth Star-Telegram
Brayden Garcia is a service journalism reporter at the Fort Worth Star-Telegram. He is part of a team of local journalists who answer reader questions and write about life in North Texas. Brayden mainly writes about weather and all things Taylor Sheridan-related.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER