Marijuana Penalties in Houston | Attorney 

The penalties and punishments for marijuana possession in Texas vary depending on the facts of the case. Although some states are beginning to legalize or decriminalize marijuana possession for personal use Texas considers marijuana possession to be a serious crime. The penalties become more serious depending upon the specific facts of the case. For example, possession of two grams or less of marijuana is normally a Class B misdemeanor, punishable by up to 180 days in the county jail. If someone possesses that same amount of marijuana within 1000 feet of a school or park then the offense is a Class A misdemeanor, punishable by up to one year in the county jail.
Marijuana Possession Penalties
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Marijuana Possession Punishments |
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Type of Offense |
Weight of Drug |
Punishment |
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Class C |
Possession of Drug Paraphernalia |
0-$500 fine |
|
Class B misdemeanor |
2 ounces or less |
No more than 180 days |
|
Class A misdemeanor |
2 – 4 ounces |
No more than 1 year |
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State jail felony |
4 ounces – 5 pounds |
180 days to 2 years |
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3rd-degree felony |
5 – 50 pounds |
2 to 10 years |
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2nd-degree felony |
50 – 2,000 pounds |
2 to 20 years |
|
Enhanced 1st-degree felony |
2,000 pounds or more |
5 to 99 years or life in prison, |
Marijuana Delivery Penalties
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Delivery of Marijuana Punishments |
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Type of Offense |
Weight of Drug |
Punishment |
|
Class B misdemeanor |
¼ ounce or less, given, not for payment |
Not more than 180 days |
|
Class A misdemeanor |
¼ ounce or less, for payment |
No more than 1 year |
|
State jail felony |
More than ¼ ounces, but less than 5 lbs |
180 days to 2 years |
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2nd-degree felony |
More than 5 pounds, but less than 50 lbs |
2 to 10 years |
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1st-degree felony |
More than 50 lbs, but less than 2,000 |
2 to 99 years |
|
Enhanced 1st-degree felony |
More than 2,000 lbs |
10 to 99 years or life in prison, |
Texas Marijuana Charges, Penalties, Defenses & More
Houston marijuana attorney Billy Skinner is an active proponent of marijuana rights and has compiled the marijuana resources below to help educate anyone charged with marijuana offenses in Houston, Texas.
Marijuana Penalties for Repeat Offenders
Marijuana penalties in Texas are higher for people who have previously been convicted of other offenses.
Misdemeanor Marijuana Repeat Offenses in Texas:
- If the defendant is charged with a Class A misdemeanor and was previously convicted of a Class A misdemeanor or any felony, the penalty is 90 days to one year in jail and up to a $4000 fine.
- If the defendant is charged with a Class B misdemeanor and was previously convicted of a Class A or B misdemeanor or any felony, the penalty is 30 to 180 days in jail and up to a $2000 fine.
- If the defendant is charged with a Class C misdemeanor and was previously convicted three times under any of the above, the penalty is up to 180 days jail and a $2000 fine if any of the previous offenses were committed within 24 months of current offense.
Felony Marijuana Repeat Offenses in Texas:
- If the defendant is charged with a state jail felony and was previously convicted of two other state jail felonies, the punishment for the current offense is the same as the punishment for a third degree felony, including 2-10 years in state prison.
- If the defendant is charged with a state jail felony and was previously convicted of one previous felony and a second felony conviction from an incident that occurred after the first conviction, the defendant faces second degree felony punishments for the current offense.
- If the defendant is charged with a state jail felony or third degree felony and was previously convicted of a felony, the defendant faces second degree felony punishments for the current offense.
- If the defendant is charged with a second degree felony and was previously convicted of a felony, the defendant faces first degree felony punishments for the current offense.
- If the defendant is charged with a first degree felony and was previously convicted of a felony, he or she faces life in prison or a prison term between 15 and 99 years. The defendant may also be punished with a fine up to $10,000.
Other Marijuana Penalties
Another potential consequence of a drug conviction in Texas is the suspension of your driver’s license. To discuss how you can try to avoid this and more serious penalties for marijuana charges in Houston, contact the Houston criminal defense attorneys at the Law Offices of Billy Skinner for a free consultation. We are knowledgeable and caring marijuana defense attorneys who can challenge the evidence and present your story to help resolve your case in the most favorable manner possible.






