What Are the Penalties for Possession Of Marijuana and THC in Texas?

Although many states have legalized the possession of marijuana and THC (short for tetrahydrocannabinol) based products for recreational or medical purposes, Texas has resisted efforts at decriminalizing or legalizing the possession of marijuana. In Texas, the idea of legal recreational marijuana or THC seems very off. Some locales within Texas are no longer prosecuting simple possession of marijuana in small amounts. In Collin County however, the authorities continue to make marijuana and THC arrests, and the District Attorney prosecutes these cases.

The Penalties for Possessing Marijuana

Possession of:

• Less than 2 ounces: Class B misdemeanor- up to 180 days jail and up to a $2,000 fine.
• 2 to 4 ounces: Class A misdemeanor- up to one year in jail and up to a $4,000 fine.
• 4 ounces to 5 pounds: State Jail Felony- 180 days to 2 years in state jail and up to a $10,000 fine.
• 5 to 50 pounds: Third-degree felony, 2 to 10 years in prison, and up to a $10,000 fine.
• 50 to 2,000 pounds: Second-degree felony, 2 to 20 years in prison, and up to a $10,000 fine.
• More than 2,000 pounds: First-degree felony, five to 99 years in prison, and up to $50,000 fine.

The potential penalties listed above apply to the possession of marijuana in its plant or bud form. In Texas possession of THC above a specified amount in any form other than marijuana plant, is a felony. For example, the possession of budder, badder, shatter, crumble dabs, wax or other cannabis concentrates would all fall into the category of THC other than marijuana and therefore a felony. The possession of THC gummies or other cannabis edibles would similarly be categorized under Texas law as a felony. The determination of the penalty level is based on the aggregate weight, including adulterants and dilutants. What this means is that the possession of any amount of THC in a form other than marijuana plant is a felony in Texas, and the penalties can escalate quickly because they are tied to the overall weight of the product containing THC.

The Penalties for THC Possession in Texas

• Less than 1 gram: State jail felony- 180 days to 2 years in state jail and up to a $10,000 fine
• 1 to 4 grams: Third-degree felony, 2 to 10 years in prison, and up to a $10,000 fine.
• 4 to 400 grams: Second-degree felony, 2 to 20 years in prison, and up to a $10,000 fine.
• 400 or more grams: First degree felony, 5 to 99 years, or life, in prison and up to a $10,000 fine.

If you or a loved one is facing a possession of marijuana or THC charge in Collin County, Texas or anywhere in the North Texas area, you need an attorney with decades of experience successfully defending people against this type of charge. Contact our office anytime to discuss – (972) 548-7167.