You’re probably very familiar with all the “buzz” about marijuana decriminalization, which is occurring in a growing number of states across the country. So far, over two dozen states have passed laws that partially or fully decriminalize marijuana possession. Just some of these states include California, Colorado, Hawaii, Nebraska, Nevada, New Mexico, Oregon, New York among others.
What does “decriminalization” mean in regard to marijuana offenses? Typically, in a decriminalized state, it means that if someone is caught with a small amount of marijuana for their own personal consumption (first time), they will not be arrested, they won’t be incarcerated, and they won’t receive a criminal record.
Generally, if you’re caught possessing a small amount of marijuana in a decriminalized state, it’s treated pretty much the same as a minor traffic violation. So, where does that leave Texas? Is marijuana decriminalized in the Lone Star state?
Texas’ Marijuana Laws
Unlike 25 states across the nation, Texas has NOT decriminalized marijuana possession. In fact, get caught possessing even a very small amount of marijuana (less than 2 ounces), and you’ll be charged with a misdemeanor, you’ll spend up to 180 days in jail, and you’ll be slapped with a maximum fine of $2,000.
Penalties for marijuana in Texas:
- Possessing 2 ounces or less is a misdemeanor, punishable by up to 180 days in jail, and by a fine not to exceed $2,000.
- Possessing 2-4 ounces is a misdemeanor, punishable by up to 1 year in jail and by a fine not to exceed $4,000.
- Possessing 4 ounces to 5 pounds is a felony, punishable by 180 days to 2 years behind bars, and a fine not to exceed $10,000.
- Giving away 7 grams or less without compensation is a misdemeanor, punishable by 180 days in jail and by a fine not to exceed $2,000.
- Selling 7 grams or less is a misdemeanor, punishable by 180 days in jail and by a fine not to exceed $4,000.
- Selling 7 grams to 5 pounds is a felony, punishable by 180 days to 2 years behind bars, and a fine not to exceed $10,000.
Are you or someone you love facing marijuana charges in Texas? If so, contact Alband, Lane & Balderama at (817) 997-4366 to schedule a free consultation.