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What Are the Penalties for Possession of Marijuana or THC in Texas?

 Posted on July 20, 2022 in Criminal Defense

fort worth criminal defense lawyerOver the past decade, the use of marijuana has become more and more acceptable in the United States. For many, this drug is similar to alcohol in that it has enjoyable effects without causing problems for a person’s overall health. In fact, it may even provide health benefits for some, and its use as a medical treatment for mental health issues such as anxiety or physical problems such as chronic pain has become more common. Because of these changing attitudes, several states have either legalized or decriminalized marijuana, and the drug may be available for medical use or even for recreational purposes in many areas. However, the state of Texas still considers marijuana to be an illegal drug, and residents of the state will need to be aware of the potential penalties they could face if they are arrested and charged with possession of marijuana or THC.

Possession of “Marihuana” in Texas

The Texas Health and Safety Code refers to marijuana as “marihuana,” and it states that a person can face criminal charges if they intentionally or knowingly possess any usable amount of the drug. These charges may apply even if marijuana was purchased legally in another state and brought into the state of Texas. The penalties that a person can face for possessing marijuana plants, seeds, or other compounds containing marijuana will depend on the amount of the drug found in a person’s possession. These penalties include:

  • Up to two ounces: Class B misdemeanor

  • Two to four ounces: Class A misdemeanor

  • Four ounces to five pounds: State jail felony

  • Five to 50 pounds: Third-degree felony

  • 50 to 2,000 pounds: Second-degree felony

  • Over 2,000 pounds: Imprisonment for between five and 99 years or a life sentence 

Possession of THC Products May Result in More Serious Charges

In addition to marijuana itself, many products are available that contain THC, the chemical that causes people to experience a “high.” These may include oils meant to be inhaled through the use of a “vape pen,” gummies or other edibles, lotions, waxes, and more. While these products may be functionally equivalent to marijuana, THC is treated differently in Texas. It is a controlled substance included in Penalty Group 2 in the Texas Health and Safety Code, and possession of any amount of THC may result in felony charges. Notably, the penalties may be assessed based on the weight of products containing THC, even if the actual amount of THC in these products is relatively low. The penalties for THC possession are as follows:

  • Up to one gram: State jail felony

  • One to four grams: Third-degree felony

  • Four to 400 grams: Second-degree felony

  • Over 400 grams: A jail sentence of between five and 99 years or life imprisonment

Contact Our Fort Worth Marijuana Possession Defense Lawyer

If you have been arrested for possession of marijuana or THC in Texas, you will want to take the correct steps to defend against these charges. These are taken seriously by law enforcement officials and prosecutors, and you could potentially be facing a lengthy prison sentence, large fines, or other consequences. The Dameron Law Firm can provide you with a strong defense and help you determine the best ways to avoid a conviction or minimize the potential penalties that may apply to you. To learn more about how our Tarrant County THC possession defense attorney can help with your case, call 817-222-0624 and set up a free consultation today.


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