Marijuana is defined as the plant Cannabis sativa, whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. While it is a crime to both possess and manufacture/cultivate or deliver marijuana, the state of Texas does not punish these offenses in the same way. The punishment ranges for the manufacture/cultivation or delivery of marijuana are much more serious than for its possession.

Marijuana Possession in Texas is punished based on the weight of the amount possessed.

Amount Charge Possible Sentence
2 Oz or less Class B Misdemeanor Not more than 180 days in a county jail and/or a fine of not more than $2,000
2 Oz – 4 Oz Class A Misdemeanor Not more than 1 year in a county jail and/or a fine of not more than $4,000
4 Oz – 5 lbs State Jail Felony 180 days to 2 years in a state jail and/or a fine of not more than $10,000
5 lbs – 50 lbs 3rd Degree Felony 2 to 10 years in a state prison and/or a fine of not more than $10,000
50 lbs – 2,000 lbs 2nd Degree Felony 2 to 20 years in a state prison and/or a fine of not more than $10,000
More than 2,000 lbs Enhanced 1st Degree Felony 5 to 99 years and a fine of not more than $50,000

The cultivation of marijuana is punished on the same scale as possession of marijuana, but the total weight of each plant is taken into account when calculating the amount for indictment. This mechanism allows for much steeper penalties for those who cultivate marijuana.

DISTRIBUTION OR SALE OF MARIJUANA

Amount Charge Possible Sentence
7 grams or less (no cash) Class B Misdemeanor Not more than 180 days in county jail and/or fine of up to $2,000
7 g or less Class A Misdemeanor Not more than 1 year in county jail and/or a fine of up to $4,000
7 g to 5 lbs State Jail Felony 180 days – 2 years in State jail and/or a fine of up to $10,000
5 – 50 lbs 2nd Degree Felony 2 – 20 years TDC and fines of up to $10,000
Sale to a minor 2nd Degree Felony 2 – 20 years TDC and fines of up to $10,000
50 – 2000 lbs 1st Degree Felony 5 – 99 years TDC and fines of up to $10,000
More than 2000 lbs Enhanced 1st Degree Felony 10 – 99 years TDC and fines of up too $100,000

Amount Charge Possible Sentence
less than 1 grams State Jail Felony 180 days – 2 years in state jail and/or fines up to $10,000
1 – 4 grams 3rd Degree Felony 2 – 10 years TDC and/or fines up to $10,000
4 – 400 grams 2nd Degree Felony 2 – 20 years TDC and/or fines up to $10,000
more than 400 grams Enhanced 1st Degree Felony
10 years – life TDC and fines up to $50,00

Possession of hashish or other cannabinoid concentrates is punished under Penalty Group 2 in Texas.