Texas Marijuana Laws Explained

By Jeff Kennedy

What Are The Laws on Marijuana in Texas?

Many people don’t fully understand the legal ramifications of their actions until it’s too late. Only after a marijuana arrest will you suddenly wish you’d had Texas marijuana laws explained to you.

At first, you may believe marijuana possession isn’t that serious and you’ll only get a slap on the wrist. However, the state of Texas takes a harsher stance toward marijuana crimes than most other states. Read on for a look at the penalties for marijuana crimes in Texas.

Is Medical Marijuana Legal in Texas?

The state of TX is very strict pertaining to Marijuana, and although medical Marijuana is used across the country, it is not allowed in the state of Texas. The only exception is if a case falls into the compassionate-use law, which allows THC to be prescribed to those with specific conditions. This prescription is limited to 1% THC .

Requirements for a medical marijuana prescription:

  • The prescribed patient must be a resident of Texas
  • The prescriber  has complied with specific registration requirements in Texas
  • The prescriber determines that the risk of using 1% THC is reasonable and a benefit of the patient.
  • The Prescribed is diagnosed with an incurable neurodegenerative disease, cancer, epilepsy, seizures, multiple sclerosis, cancer, autism or PTSD

What Are The Penalties For Marijuana Possession in Texas?

The penalties for possession and sale are the major marijuana-related crimes in Texas. For a breakdown of Texas marijuana crimes and charges, see the table below for more information:

  • Possession of under two ounces – Class B misdemeanor includes 180 days in jail and $2,000 fine
  • Possession between two to four ounces – Class A Misdemeanor with up to 1 year in jail and a $4,000 fine
  • Possession of between four ounces and five pounds – State jail felony includes 180 days to 2 years in jail and $10,000 fine
  • Possession of five to fifty pounds – Third-degree felony – facing 2 to 20 years and $10,000 fine
  • Possession of fifty to 2,000 pounds – Second-degree felony Facing 5 to 99 years and a $10,000 fine
  • Possession of over 2,000 pounds – Five to ninety-nine years or life in prison and $10,000 fine.

Penalties for Sale or Distribution of Marijuana In The State of Texas

These penalties can be increased if sold to a minor or within a drug free zone.

  • Sale of 0.25 ounces or less – Class A or B misdemeanor with 180 days in jail and a $2,000 fine.
  • Sale of 0.25 ounces to five pounds – State jail felony facing 180 days to 2 years and a $10,000 fine
  • Sale of between five and fifty pounds – Second-degree felony facing 2 years to 20 years with a $10,000 fine
  • Sale of between fifty and 2,000 pounds – First-degree felony facing life or 5 to 99 years and a $10,000 fine
  • Sale of more than 2,000 pounds – Ten to ninety-nine years or life in prison and $10,000 fine

A Marijuana Conviction Affects Your Life in Many Ways

Being caught with marijuana may seem trivial at first, but if you’re convicted, you will quickly discover how that offense can negatively impact your life. Even misdemeanor convictions can affect your job prospects, your freedom, your family life, and your financial stability.

Call To Speak With Jeff C. Kennedy A Qualified Attorney Who Has Experience Fighting Possession and Distribution Charges



Jeff C. Kennedy was the light of hope at the end of very dark storm. He was not only able to defend my case swiftly, but had the alleged charges dismissed completely. His calm and empathetic demeanor offered emotional succor to myself and those I care about most. My children and I are eternally grateful for his excellent service and I hereby recommend Jeff C. Kennedy without reservation.


Jeff Kennedy truly cares. He and his staff kept me informed all the way throughout my case and provided me with all my options and the potential outcomes for my case. When the day finally arrived to resolve my case, Jeff was able to negotiate a reduction to a lesser charge. He was well prepared and coordinated everything perfectly. Jeff is not only a good lawyer, but a good man.


I hired Mr. Jeff Kennedy to handle a DWI charge. From day one, I knew I had picked the right attorney. Jeff always took the time to answer any of my questions, treated me very professionally, and truly cared about my case. I have never been in any kind of trouble before and I was very nervous about the thought of going to trial. Jeff thoroughly explained the entire process to me and made me feel at ease. Jeff took my case to trial and the jury found me NOT GUILTY!


Jeff Kennedy is a professional, intelligent, easy-to-talk-to lawyer with an excellent understanding of how the system works. Jeff was able to get my twice the legal limit BAC thrown out and he kept me from having an interlock device put on my car. This has been my only big mistake in life so far (hopefully the last) and I am glad he was there to walk me through it. You will not regret hiring him.

9133 Belshire Dr
North Richland Hills,
Texas 76182
301 W Vickery Blvd Suite #101
Fort Worth, Texas 76104
303 W Abram St
Texas 76010
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