Possession of marijuana and the law in Texas

On Behalf of | Jan 11, 2017 | Criminal Defense |

Over the course of recent years, the opinions of the general population of the nation regarding marijuana and its use have been steadily changing. The rise of the use of marijuana for medical purposes and the growing body of research regarding the drug have done a lot to push the idea of “reefer madness” out of the minds of most people. However, the laws of states are sometimes slow to catch up with public opinion.

This idea was recently exemplified by a California grandfather who was driving into Texas to visit his granddaughter. According to various news sources, Philip Blanton was driving from his home in California to the Houston, Texas area to visit his 20-year-old granddaughter who is currently battling Stage 4 Hodgkin’s Lymphoma. Unfortunately for Mr. Blanton, he was pulled over by police on his way for speeding. During the stop, police found doctor-prescribed medical marijuana and cookies containing marijuana extract in his vehicle before arresting him.

Texas marijuana laws

Even though there are efforts being made by different organizations to legalize marijuana and its use in various forms for various purposes, the state of Texas still has some of the harshest penalties of any state in the nation for individuals convicted of marijuana-related crimes.


In the state of Texas, possession of any amount of marijuana could result in jail time and fines. However, the severity of the penalties is generally proportional to the amount of marijuana involved.

· The possession of 4 ounces or less is considered a misdemeanor and can result up to a year of incarceration and/or a fine of up to $1,000.

· The possession of more than 4 ounces of marijuana is considered a state jail felony. Possession of between 4 ounces and 5 pounds has a minimum sentence of 180 and a maximum sentence of 2 years. It could also result in a fine of up to $10,000.

· The possession of between 5 pounds and 2000 pounds is a 3rd or 2nd degree felony (depending on the amount) that has a minimum incarceration sentence of 2 years and a maximum of 20 years. It could also result in a fine of up to $10,000.

· The possession of 2000 pounds of marijuana or more is a felony that has a minimum sentence of 5 years and the possibility of a life sentence. It could also result in a fine of up to $50,000.

Regardless of the amount, the possession of any amount of marijuana could result in serious consequences that will impact the rest of a person’s life. They should not be taken lightly. If you find yourself in a situation in which you are potentially facing these charges or similar charges, it is highly recommended that you seek out the services of an experienced and knowledgeable legal professional.