You’ve probably heard all the buzz about marijuana being decriminalized in states, such as California, Nevada, and Colorado, but in Texas, the drug is still very much illegal. And, if you drive to Colorado like many Texans do, to buy it legally, it’s illegal for you to bring pot or edibles back to the Lone Star State.
Under Texas law, marijuana possession is charged as a misdemeanor or a felony depending on how much of the drug the person was caught with. Here is what you need to know:
- Possession of two ounces or less is a misdemeanor, punishable by 180 days in jail and by a fine not to exceed $2,000.
- Possession of two to four ounces is a misdemeanor, punishable by one year in jail and by a fine not to exceed $4,000.
- Possession of four ounces to five pounds is a felony, punishable by 180 days to two years in prison and by a $10,000 fine.
- Possession of five to fifty pounds is a felony, punishable by two to ten years in prison, and by a fine not to exceed $10,000.
If you give away seven grams or less of marijuana, you would be guilty of selling marijuana – a misdemeanor punishable by 180 days behind bars and by a maximum fine of $2,000.
If you were to sell seven ounces or less of marijuana and receive a payment, you would commit a misdemeanor, which is punishable by one year in jail and by a fine not to exceed $2,000. Selling seven grams to five pounds is a felony, punishable by 180 days to two years in jail and a $10,000 fine.
Will the Laws Soon Change?
So, what’s going on with Texas’ marijuana laws? According to dallasnews.com, there are two bills being prioritized in 2019: one that legalizes medical marijuana and one that decriminalizes possession of a small amount for personal use.
“Rep. Joe Moody, D-El Paso, is sponsoring the decriminalization bill for the third time. In 2016, more than 66,000 Texans were arrested for marijuana possession, according to the Texas Department of Public Safety. Moody hopes to cut that number down by replacing the criminal penalty for possession of an ounce or less of marijuana with a fine,” according to Dallas News.
Mr. Moody called the bill “fiscally responsible.” He said they’re being smarter on crime by not saddling young people with criminal histories that will take them out of the workforce.
Are you facing marijuana charges? If so, contact Attorney Peter Barrett for a free case evaluation.