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What are the Penalties for Possession of Marijuana?

What are the Penalties for Possession of Marijuana?

The state of Texas has a reputation for coming down hard on any kinds of drug-related crime, particularly due to the fact that state and federal law enforcement authorities are continuously battling the influx of illegal drugs that come in from the Mexican border. If you were recently arrested for possession of marijuana, it's important to know what types of penalties you are up against. The penalties for marijuana possession in Texas are included below:

  • Possessing 2 Ounces or Less – Misdemeanor offense, punishable by 180 days in jail and up to $2,000 in fines.
  • Possessing 2 to 4 Ounces – Misdemeanor offense, punishable by 1 year in jail, and a maximum $4,000 fine.
  • Possessing 4 Ounces to 5 Pounds – State jail felony offense, punishable by a mandatory minimum sentence of 180 days to 2 years imprisonment, and a maximum $10,000 fine.
  • Possessing 5 to 50 Pounds – Third degree felony, punishable by a mandatory minimum prison sentence of 2 years and a maximum sentence of 10 years, and a maximum fine of $10,000.
  • Possession of 50 Pounds to 2,000 Pounds – Second degree felony, punishable by 2 to 20 years in prison and a maximum fine of $10,000.
  • Possession of More than 2,000 Pounds – A felony offense, punishable by 5 to 99 years in prison, and a fine not to exceed $50,000.

Cultivation in the state of Texas is punished based on the total aggregate weight of the plants found; therefore, the "possession" penalties above would apply to marijuana cultivation. Possession of paraphernalia is a Class C misdemeanor, and punishable by a maximum $500 fine.

While marijuana is considered by many as a less serious drug, its possession, cultivation, sale and distribution is still heavily regulated under state and federal laws. If you have been arrested for possessing marijuana, I urge you to contact me at the Rosen & Kovach, PLLC right away. With over 30 years of experience, and as a former prosecutor and a criminal defense specialist certified by the Texas Board of Legal Specialization, I am fully equipped to provide you with the most aggressive defense available in the Fort Bend County area.


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