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In the United States, attitudes toward medical cannabis consumption have changed drastically in recent decades. While some states have fought to legalize marijuana, others, including Texas, still prosecute marijuana-related offenses. With penalties ranging from Class C misdemeanor to first-degree felony, possessing buds, cannabis oil, and other drug extracts can lead to jail time and hefty fines.
Although Texas marijuana laws make it illegal to consume and sell the psychoactive plant, it's important for law enforcement officers to follow the legal process when arresting an offender. Unfortunately, many police officials are quick to bust a person without thinking about the rules surrounding an arrest.
At Sparks Law Firm, we fight greedy prosecutors who are looking to throw innocent people or those who deserve a second chance into jail for their personal gains.
If you've been accused of marijuana consumption or sale in Fort Worth, Texas, contact our experienced criminal defense attorneys to discuss your case and learn more about your legal options! We can also help with questions like Are cannabis drinks legal in Texas?
What Are the Different Groups of Controlled Substances?
The Texas Controlled Substances Act classifies drugs under four different categories, and these include the following:
Penalty Group 1: These types of drugs have the highest potential for abuse and offer very little to no medical benefits. They include fentanyl, cocaine, heroin, methamphetamine, ketamine, and opioids. Penalty Group 1 has the strictest laws and legal consequences.
Penalty Group 2: These drugs are less severe than those in Penalty Group 1. However, they are highly addictive and have no recognized benefits. Considered "soft" drugs, they include delta-9 tetrahydrocannabinol (other than marijuana), mushrooms, MDMA/ecstasy, PCP, Adderall, GHB, and mescaline.
Penalty Group 3: Under Texas Health & Safety Code §§ 481.102 – 481.105, Penalty Group 3 refers to prescription-only stimulants and includes anabolic steroids, benzodiazepines, diazepam, Ativan, Xanax, and Ritalin, among others.
Penalty Group 4: These include all of the drugs that contain small doses of narcotics. In case of large quantity possession, minimum sentences may apply.
How Much Bud Is a Felony in Texas?
Under Texas law, possessing up to four ounces of marijuana is a misdemeanor, and anything above that falls under the category of felony. A key thing to note is that the weight brackets are much different when it comes to selling the illegal plant.
The sale of seven grams of marijuana or less is a misdemeanor, while anything above that is often categorized as a felony. Contact Sparks Law Firm for other questions such as Are CBD gummies legal in Texas?
What Are the Legal Consequences of Marijuana Possession in Texas?
Marijuana possession is against the law, and the legal consequences vary, depending on the weight of the controlled substance. They may range from misdemeanors to a felony, with punishments including mandatory minimum sentences and hefty fines.
The following are the legal consequences of marijuana possession in Texas:
Two ounces or less
Class B Misdemeanor
Jail time: Up to 180 days
Maximum fine: $ 2,000
Between two and four ounces
Class A misdemeanor
Jail time: Up to one year
Maximum fine: $4,000
Four ounces to five pounds
State jail felony
Jail time: Up to two years
Maximum fine: $10,000
Five to 50 pounds
Third-degree felony
Jail time: Up to 10 years
Maximum fine: $10,000
50 to 2,000 pounds
Second-degree felony
Jail time: Up to 20 years
Maximum fine: $10,000
More than 2,000 pounds
First-degree felony
Jail time: Up to 99 years
Maximum fine: $50,000
What Are the Penalties for the Sale of Marijuana in Texas?
Besides possession of marijuana, selling the cannabis plant also has legal ramifications in the Lone Star State. If a police officer catches a person involved in the sale of seven grams or less of pot for no remuneration, it's a Class B misdemeanor with a jail sentence of up to 180 days and a $2,000 maximum fine. For more information, Fort Worth drug defense lawyers may be able to help.
Texas laws treat selling seven grams or less of marijuana for money as a Class A misdemeanor, which is punishable by up to one year in prison and a $4,000 maximum fine. Anything above that is classified as a felony.
The following are the penalties for the sale of this illegal drug in Texas:
Seven grams to five pounds
State jail felony
Mandatory minimum sentence: 180 days
Maximum jail sentence: up to two years
Maximum fine: $10,000
Five to 50 pounds
Third-degree felony
Mandatory minimum sentence: two years
Maximum jail sentence: up to 20 years
Maximum fine: $10,000
50 to 2,000 pounds
Second-degree felony
Mandatory minimum sentence: five years
Maximum jail sentence: up to 99 years
Maximum fine: $10,000
More than 2,000 pounds
First-degree felony
Mandatory minimum sentence: 10 years
Maximum jail sentence: up to 99 years
Maximum fine: $100,000
Is the Possession and Sale of Drug Paraphernalia Illegal in Texas?
Under Texas laws, the possession of drug paraphernalia is a misdemeanor. While there are no jail sentences, the offender must pay a maximum fine of $500.
The penalties for selling drug paraphernalia are much higher. If a person is caught selling such items, the law treats the first offense as a misdemeanor, which has up to one year of imprisonment and a maximum fine of $4,000.
In Texas, anyone caught selling drug paraphernalia after their first offense may face a state jail felony, punishable by a mandatory minimum sentence of 90 days and a maximum jail time of one year. In addition to that, the offender must also pay up to $10,000 in fines.
Is Manufacturing or Sale of Hashish Illegal in Texas?
The Texas law makes it illegal to manufacture and sell hashish or other cannabis concentrates in the Lone Star State. From state jail felony to first-degree felony, the charges for such crimes depend on the weight of the drugs during the time of arrest. Offenders can expect to face jail time and hefty fines.
Under the Controlled Substances Act, anyone older than 18 years may face felony charges for selling hashish and marijuana concentrates to children enrolled in primary or secondary school. It holds a mandatory minimum sentence of two years and a maximum fine of $10,000.
Is Falsifying a Drug Test a Felony in Texas?
Tampering with a drug test is often considered a Class B misdemeanor, punishable by up to six months and a $2,000 maximum fine.
How Can a Criminal Defense Attorney Help the Accused in Texas?
An experienced criminal defense attorney can use several legal defenses to help the accused avoid a jail sentence. Depending on the facts surrounding the case, they may argue that the arrest was illegal or that there wasn't enough suspicion for the search. Evidence collected in violation of a defendant's Fourth Amendment rights cannot be used in court.
Arrested for Drug Possession? Contact Sparks Law Firm Today!
Getting arrested for drug possession can have a serious impact on your life. Besides jail time and fines, your tainted criminal record can make it challenging to secure a job, adversely affecting your financial situation.
If you've been arrested for drug possession or medical marijuana consumption, call us to schedule a free consultation. Our skilled criminal defense attorneys will give your case the attention it deserves!
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