In Texas, someone commits the criminal offense of Possession of Marijuana if he or she knowingly or intentionally possesses a usable amount of marijuana. The penalty for possessing two ounces or less of marijuana is a Class B Misdemeanor. This means the potential punishment could be up to 180 days in jail and up to a $2000.00 fine. The level of charge and potential punishment will increase as the quantity of marijuana in possession increases. If someone possesses four ounces or less but more than two ounces of marijuana, the charge will be a Class A Misdemeanor which means the penalties are up to 365 days in jail and up to a $4000.00 fine.
If the amount of marijuana is five pounds or less but more than four ounces, the charge would be a state jail felony with a potential punishment of 180 days to 2 years in prison and up to a $10,000.00 fine. Next, if the amount is fifty pounds or less but more than five pounds, the offense is a third degree felony which involves the potential penalties of two to ten years in prison and up to a $10,000.00 fine. If the amount of marijuana possessed is more than fifty pounds and up to 2000 pounds, the charge is a second degree felony meaning the potential penalties of two to twenty years in prison and up to a $10,000.00 fine. Finally, if the quantity of marijuana is more than 2000 pounds, the penalties faced are five to 99 years in prison and a fine of up to $50,000.00.
In addition to jail and costly fines, DPS will also suspend a person’s license for 180 days if convicted of Possession of Marijuana and require a drug education class to be completed.