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Marijuana Possession in Texas

The possession or sale of any sort of illegal substance is considered to be crime within the state of Texas. Marijuana, the most commonly used illicit drug in the United States, is included under this drug law. Anyone who is caught with any marijuana in his or her possession is liable to be punished by fines or incarceration.

Medical Marijuana

Marijuana is one of the most popular and widely-used illegal substances, and in some states it has even been legalized for medical purposes only. The passage of state medical marijuana laws to override the federal legislation illegalizing cannabis (another widely-used term for marijuana) has been a relatively recent phenomenon, beginning in 1976 with the allowance of medical marijuana to be distributed to Robert Randall as a medical necessity. Despite this, however, Texas remains a state in which even medical cannabis remains illicit.

Texas State Laws

In Texas, the possession of marijuana may be charged as either a misdemeanor or a felony, depending on how much of the substance is being held and how many previous charges the perpetrator has already had against him or her. The following charges may be applied to individuals who are caught with cannabis:

  • Class B Misdemeanor: 2 oz or less (first offense)
  • Class A Misdemeanor: 2-4 oz (first offense)
  • State Jail Felony: 4 oz to 5 lb
  • Felony: 5 lb or greater

As the severity of the crime increases, so does the level of punishment. At its lowest, the penalty for one caught with cannabis is 180 in prison and a fine of $2000. At its highest level, however, the punishment for this act can be up to 99 years in prison and a fine of $50,000.

Contact Us

If you have been charged with possession of marijuana in the state of Texas, Austin criminal defense lawyer Ian Inglis can help you. Please contact us today at (512) 472-1950 to schedule an appointment.


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