Is Cannabis Legal in Texas?

Although possession and use of cannabis are still illegal under federal law, more and more states have adopted policies which legalize the medicinal and recreational use of the plant. So far, medical marijuana is legal in 33 states, while 10 states and the District of Columbia have made recreational use of cannabis legal.

In Texas, only medicinal pot is legal. However, the restrictive cannabis law only allows limited use of CBD oil, which hardly contains any amounts of THC, which is the psychoactive component responsible for making users feel “high.” This means that medical use, possession, distribution, and cultivation of cannabis with high-THC potency and recreational use, possession, distribution, and cultivation of the substance is considered illegal in the state.

The following are the penalties for marijuana possession in Texas:

  • Two oz. or less – A Class B misdemeanor, which carries a maximum 180-day jail sentence and/or a fine no larger than $2,000
  • Between two oz. and fewer than four oz. – A Class A misdemeanor, punishable by a maximum one-year jail term and/or a fine of up to $4,000
  • Between four oz. and five lbs. – A state jail felony, resulting in a maximum two-year prison sentence and/or a fine no larger than $10,000
  • Between five lbs. and 50 lbs. – A third-degree felony, punishable by a maximum ten-year prison term and/or a fine of up to $10,000
  • Between 50 lbs. and 2,000 lbs. – A second-degree felony, which carries a maximum 20-year prison sentence and/or a fine no larger than $10,000.
  • Over 2,000 lbs. – A first-degree felony, resulting in a maximum 99-year prison sentence and/or a fine no more than $50,000

Cultivation and distribution of cannabis results in the following penalties:

  • Giving away a quarter of an oz. or less – A Class B misdemeanor
  • Selling a quarter of an oz. or less – A Class A misdemeanor
  • Selling or growing between a quarter of an oz. and five lbs. – A state jail felony
  • Selling or growing between five lbs. and 50 lbs. – A second-degree felony
  • Selling or growing between 50 lbs. and 2,000 lbs. – A first-degree felony with a minimum prison sentence of five years
  • Selling or growing over 2,000 lbs. – A first-degree felony with a minimum prison sentence of ten years

Selling or giving a quarter of an oz. of marijuana to a student who is under 17 years of age is a second-degree felony. If a cannabis crime is committed within school grounds or drug-free zones, the penalties double.

If you have been arrested for a marijuana-related crime in Fort Worth, contact our experienced legal team at The Clark Law Firm and schedule a free consultation today.

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