Despite growing acceptance and legalization of marijuana in many states across the country, Texas remains relatively strict when it comes to its marijuana laws. While some progress has been made in recent years, the possession, cultivation, and distribution of marijuana remain illegal in most cases under Texas state law.
This guide will explain the basics of Texas marijuana laws, including possession, cultivation, distribution, and even medical marijuana and its guidelines. Whether you’re a long-time resident or a newcomer to Texas, this guide will provide you with the knowledge you need to navigate the state’s marijuana laws in 2024 and beyond.
Possession Laws
In Texas, the penalties for marijuana possession depend on the amount possessed. Here are the key details:
Penalties for Possession of Small Amounts (Under 2 oz)
- Possession of 2 ounces or less is considered a Class B misdemeanor.
- Punishable by up to 180 days in jail and a fine of up to $2,000.
- Typical penalties for a first offense with a small amount include probation and a fine.
Penalties for Possession of Larger Amounts (Over 2 oz)
- Possession of 2 to 4 ounces is considered a Class A misdemeanor. It is punishable by up to one year in jail and a fine of up to $4,000.
- Possession of 4 ounces to 5 pounds is considered a State Jail Felony. It is punishable by 180 days to two years in state jail and a fine of up to $10,000.
- Possession over 5 pounds is considered a felony charge, with heightened penalties.
Factors That Can Aggravate Penalties
- Possession in a drug-free zone (within 1,000 feet of a school, playground, etc.) can double the potential penalties.
- Prior marijuana convictions can increase the offense level and potential penalties.
- Possession with intent to distribute can lead to more severe distribution/trafficking charges.
It’s important to note that marijuana metabolites can remain in one’s system for weeks after use, so a positive drug test alone could potentially lead to possession charges in Texas. Even small amounts of marijuana can result in criminal charges, making it crucial to understand the laws and consequences.
Cultivation and Distribution Laws
While possession of small amounts of marijuana may result in relatively minor penalties in Texas, the state takes a much harsher stance when it comes to cultivation and distribution.
Penalties for Cultivation of Marijuana
- Cultivation of any amount of marijuana is considered a felony in Texas.
- Penalties depend on the number of plants and intent to distribute.
- Cultivation of fewer than five plants is a State Jail Felony punishable by 180 days to two years in state jail and up to $10,000 in fines.
- Cultivation of five to 50 plants is a Third-Degree Felony punishable by two to 10 years in prison and up to $10,000 in fines.
- Larger growth operations face increased penalties as high as life in prison.
Penalties for Distribution of Marijuana
- Distribution or trafficking of any amount of marijuana is a felony offense.
- Penalties are based on the amount of marijuana involved.
- Distributing 1/4 ounce or less is a State Jail Felony, punishable by 180 days to two years in jail and up to $10,000 in fines.
- Distributing 1/4 ounce to 5 pounds is a Third-Degree Felony, punishable by two to 10 years in prison and up to $10,000 in fines.
- Larger distribution amounts carry increasingly severe penalties, up to life in prison for distribution of over 2,000 pounds.
Factors That Can Aggravate Penalties
- Distribution or cultivation within 1,000 feet of a school or other drug-free zone can double the potential penalties.
- Involving minors in the distribution or employing them for cultivation can lead to additional charges.
- Using weapons or violence in connection with distribution can result in enhanced penalties.
- Distribution or cultivation as part of an organized criminal activity carries heightened penalties.
Given the severe penalties associated with the cultivation and distribution of marijuana in Texas, individuals involved in these activities should seek legal representation and explore potential defenses.
Medical Marijuana in Texas
While many states have legalized marijuana for medical use, Texas has been slower to adopt comprehensive medical marijuana laws. However, there has been some progress in recent years.
Current Status of Medical Marijuana Laws in Texas
- In 2015, Texas passed the Compassionate Use Act, allowing the use of low-THC cannabis products for certain medical conditions. THC stands for tetrahydrocannabinol, the primary psychoactive component in marijuana.
- The law defines low-THC cannabis as containing no more than 0.5% THC.
- Qualified patients can access low-THC cannabis products from one of three licensed dispensaries in the state.
Qualifying Conditions and Requirements
The qualifying conditions for low-THC medical cannabis in Texas are:
- Intractable epilepsy
- Multiple sclerosis
- Spasticity
- Autism
- Terminal cancer
- Incurable neurodegenerative diseases
To qualify, patients must be permanent Texas residents and get a certified physician’s approval and prescription.
Limitations and Restrictions
- The low-THC restriction means products cannot contain high levels of the psychoactive compound THC.
- Smoking marijuana is still illegal, even for medical use.
- There is no legal pathway for patients to access high-THC medical marijuana in Texas currently.
While the Compassionate Use Act was a step forward, many patients and advocates argue that Texas’ medical marijuana laws are still too restrictive compared to other states. As of 2024, the fight continues to expand access to medical marijuana in Texas.
How Benjamin Law Firm Can Help
As this comprehensive guide has demonstrated, marijuana laws in Texas remain quite strict compared to many other states in 2024. While some progress has been made with the limited medical marijuana program, recreational use and possession can still result in hefty fines and potential jail time.
Residents and visitors to Texas should be cautious and have a firm understanding of the current laws surrounding marijuana possession, cultivation, distribution, and medical use. Even minor infractions can lead to criminal charges with lasting impacts.
If you find yourself facing marijuana-related charges in Texas, Benjamin Law Firm can help. We understand the nuances of Texas marijuana laws and will fight tirelessly to get you the best possible outcome. With our founding attorney being a former prosecutor and board-certified in criminal law, we leverage our experience and resources to even the playing field against the power of the state.
If you’re facing a marijuana-related charge, contact us today. We’re based in El Paso, and we want to fight for you.
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