Possession of Marijuana in Texas: What is the law, what are the legal consequences, and what should you do?
What is the law for Possession of Marijuana in Texas?
Section 481 of the Texas Health and Safety Code, also known as the Texas Controlled Substances Act, defines which drugs are restricted in Texas and the penalties for illegal possession, including Possession of Marijuana in Texas. Texas defines “Marijuana” as “the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” This section of the code primarily covers traditional “leafy” marijuana that is commonly smoked or baked into edibles. Marijuana extracts, such as oils, dabs, THX wax, etc… are a Schedule 2 Controlled Substance and have a separate designation.
What are the legal consequences?
The range of punishment for Possession of Marijuana is determined by the total weight of the marijuana seized and can be as low as a Class B Misdemeanor to as high as a First-Degree Felony.
Possession of Marijuana Punishments in Texas
| 2 Ounces or Less | Class B Misdemeanor | Up to 180 days in the County Jail and up to a $2,000 fine |
| More than 2 Ounces but Less than 4 Ounces | Class A Misdemeanor | Up to 365 days in the County Jail and up to a $4,000 fine |
| More than 4 Ounces but less than 4 Pounds | State Jail Felony | Between 180 days and 2 Years in State Jail and up to a $10,000 fine |
| More than 5 Pounds but less than 50 Pounds | 3rd Degree Felony | 2-10 Years in Prison and up to a $10,000 fine |
| More than 50 Pounds but less than 2,000 Pounds | 2nd Degree Felony | 2-20 Years in Prison and up to a $10,000 fine |
| More than 2,000 Pounds | 1st Degree Felony | 5-99 Years in prison and up to a $50,000 fine |
Edibles
It is very important to note that if you get arrested for possession of marijuana that is in edible form, the officer will charge you based on the total weight of the edibles and NOT just on the amount of marijuana that you baked into them. This means that what would likely have been just a Class B Misdemeanor can become a felony charge with far more serious consequences for you and your family.
Hemp
One loophole in the law is that the definition of marijuana does not include “hemp” which is defined in Section 121.001 of the Agricultural Code as “the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” This means that the State of Texas must prove by chemical analysis that the substance officers seized from you have a THC concentration greater than 0.3 percent.
Delta-8
As of November 2021, a Texas Court has blocked attempts by the State of Texas to classify delta-8 as a Schedule 1 controlled substance. This means that as of the beginning of 2022, it is not illegal to possess marijuana with a high delta-8 concentration but that is less than 0.3 percent delta-9. However, this is a hot topic for special interests who are pushing lawmakers to make this variant of marijuana illegal as well. Please be careful if you choose to possess delta-8 because the law on this substance could change.
Medical Marijuana
Unlike many other states, Texas does not allow patients to possess marijuana even with a physician’s permission. Additionally, Texas does not recognize medical marijuana exemptions granted by other states. This means that you can have a valid license to purchase and possess medicinal marijuana from a neighboring state such as Oklahoma or Arkansas but are still forbidden to carry your legally purchased marijuana into Texas even if your doctor has prescribed it to you!
Recreational Marijuana Legally Purchased in Another State
Many states across the US, such as Illinois and Colorado, have made marijuana legal for all purposes including recreational use. You can legally purchase, possess, and use marijuana in these states. However, just like legally purchased medical marijuana, you cannot bring your legally purchased recreational use marijuana into Texas. There are a lot of rules surrounding possession of marijuana in Texas that make the matter confusing. If you are arrested for possession of marijuana, you might have more rights than you are aware of. This is why you should contact Carter Criminal Defense for a free consultation to review your legal options with a seasoned professional.
What should you do if you are charged with Possession of Marijuana in Texas?
If you or a loved one have been arrested for Possession of Marijuana, contact Carter Criminal Defense today for a free consultation.