Have you been arrested for possession of marijuana? Though decriminalized in some states, marijuana possession can result in stiff penalties under current Texas law. Believe it or not, if you get caught with even one joint, the penalty range includes up to
180 days in the county jail and up to a $2000 fine. If you’re convicted, your drivers license will be suspended and you will have a drug conviction on your criminal record. Possession of an amount great than four ounces is a state jail felony, and could land you a two year sentence and a $10,000 fine.
In Texas, possession of marijuana is governed by the following statute (and, yes, the Texas Legislature spells “marijuana” with an “h”):
Texas Health and Safety Code, Section 481.121. OFFENSE: POSSESSION OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana.
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and
(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.
Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.105, eff. September 1, 2009.