The possession or sale of marijuana in the State of Texas is illegal.  In the event that you have been convicted of this crime, you may be facing fines as well as prison penalties.  The severity of the penalties you face depends on the amount of marijuana in your possession.  Currently, Texas has an extremely narrow medical marijuana law.  It’s still drawing attention, however, from those interested in growing or buying cannabis. 

Texas is one of 18 states across the country to approve law since 2014, allowing some form of cannabis use for patients who have particular medical conditions.  The state recently passed the compassionate use program allowing epilepsy patients who have uncontrollable seizures to take an oil that is rich in CBD, a compound located inside the marijuana plant that may have certain benefits for medical conditions.  Without a prescription for CBD oil a person in possession of edibles containing CBD oil will be arrested and charged with a felony. 

Although it is anticipated that up to 160,000 Texans of all ages suffer from intractable epilepsy, there are still serious penalties associated with having marijuana outside of these narrow legal situations. 

Being caught with marijuana, even in the form of edibles, could lead to criminal consequences.  Police are on the lookout for edibles after recent news stories have profiled a surge in interest. 

What You Need to Know About Marijuana Possession

Less than 2 Ounces

Possession of 2 oz.  or less of marijuana in Texas is a class B misdemeanor.  This means that you could be paying fines of up to $2,000 and spending up to 180 days in jail. 

Typically, being caught with a small amount of marijuana will lead to probation and mandatory drug treatment with the potential to have charges dismissed after you have completed the program.  You could face a loss of your driver’s license for up to six months for any marijuana possession charge, if you are convicted of that crime. 

More Than 2 Ounces and Less Than 4 Ounces

In the event that you are found to be in possession of more than 2 oz.  and less than 4 oz.  of marijuana, you would be facing class A misdemeanor charges.  This could lead to fines of up to $4,000 and up to one year in jail. 

Between 4 Ounces and 5 Pounds

If you have between 4 oz.  and 5 lbs.  of marijuana, you could be looking at up to 2 years in the state jail with a fine of up to $10,000. 

Between 5 Pounds and 50 Pounds

A third degree felony with a maximum punishment of 10 years in prison and a $10,000 fine. 

Between 50 Pounds and 2,000 Pounds

A second degree felony with a maximum punishment of 20 years in prison and a $10,000 fine. 

Over 2,000 Pounds

A first degree felony with a punishment range of 5 years to 99 years, or life, and a fine up to $50,000. 

Recently, many legal questions have been raised about the legality of edible marijuana.  This is particularly true as more Texas college age students are purchasing marijuana in Colorado and other states, where marijuana is legal and then being arrested for marijuana possession after they had brought it back to Texas.  Students or other individuals have been known to purchase edibles with marijuana in them in Colorado and then foolishly, and illegally travel back to Texas.  This is happening with a higher degree of frequency and all police agencies are on high-alert to look for this form of marijuana. 

There is a high concentration of THC in items classified as edible marijuana.  The weight of the total edible is used for possession purposes classifying your penalties, not just the THC itself.  The penalties for having an edible item with marijuana inside it could even turn a misdemeanor into felony charges. 

Since the consequences of being convicted of marijuana possession can be severe and can impact you for many years to come, it’s imperative to consult with a Houston marijuana possession defense attorney as soon as possible after you have been charged.