Marijuana & Texas Law

Criminal Defense for Marijuana Possession

In Houston, under the laws of the State of Texas, possession of marijuana is a misdemeanor charge at a minimum, and an enhance-first degree felony at its highest level of criminal classification for those who are caught in possession of large quantities or “major weight” as large amounts are commonly referred to by criminal defense attorneys in Houston.

Even if you are arrested for the alleged possession of paraphernalia relating to marijuana, other drug use, or small amounts of marijuana, it can be a serious problem if it shows up on your criminal record during background checks, not to mention you are facing jail time.

The amount of jail time you, or a loved one, may be facing correlates to the quantity of marijuana the arrested party is accused of having in their possession, as well as any existing criminal background

Punishment ranges, criminal penalties, and jail time for being charged with possession of marijuana in Houston are listed below.

Definition of Marijuana

Marijuana (as it relates to criminal charges of possession of marijuana) is defined as any Cannabis sativa plant, growing or not, seeds of the plant, preparation of the plant, or a package containing dried and shredded buds.

Possession of paraphernalia (relating to marijuana) is the lowest criminal charge in severity when it comes to criminal classification. It carries a Class C misdemeanor with a $500 fine as penalty.


Call One of The Most Experienced Criminal Lawyers in Houston When it Comes to Fighting Charges Relating To Marijuana.

Marijuana Distribution | Possession of Marijuana | Federal Cases

Call 713-228-4607 For a No Cost Legal Consultation

For over 20 years Board Certified Houston Criminal Attorney Jack B. Carroll has built his reputation as one of the premiere high profile criminal defense attorneys in Houston and is well respected to boot. If you, or a loved one, are in trouble with the law and must face the immense resources of the State of Texas in the Court of Law in Houston, Harris County, Texas, then you need an attorney. Call me at 713-228-4607 for a case review at no charge.

Penalties & Punishment Related to Marijuana Cases

  • Houston Area Possession of Marijuana Cases (State of Texas)
  • Houston Area Manufacture or Delivery of Marijuana Criminal Cases (State of Texas)

Criminal Penalties

Manufacture and Delivery of Marijuana

The criminal penalties for being charged with a criminal offense relating to the distribution of marijuana are more extreme than charges of possession of marijuana. Typical punishments for distribution of marijuana as defined by the Texas Code of Criminal Procedure are:

  • Less than 7 Grams of Marijuana – Class B Misdemeanor, Up to 180 days in jail, up to a $2,000 fine; at 7 Grams this charge can be enhanced to a Class A Misdemeanor carrying up to 1 year in jail and fines of up to 4000.00.
  • Selling Marijuana Paraphernalia – Class A Misdemeanor – Up to 1 year in Jail, up to a $4,000 fine. If the buyer was a minor 3 years younger than the seller, its a state jail felony and the punishment range is from 180 days to 24 months in prison carrying fines of up to 10,000.00.
  • Sale of 7 Grams to 5 Pounds of Marijuana – State Jail Felony – 180 days to 2 years in prison with fines of up to ten thousand dollars.
  • Sale of 5 to 50 Pounds of Marijuana – Second Degree Felony – Punishment of 2-20 years incarceration with criminal fines of up to 10,000.00.
  • Sale of 50 to 2000 Pounds of Marijuana – First Degree Felony – 5-99 Years in prison and a $10,000 fine.
  • Sale of more than 1 Ton of Marijuana – Felony – Minimum mandatory sentence of 10 years, and up to 99 years imprisonment with fines of up to 100,000.00.

(Click here for a thorough definition of delivery.)

Punishments for juvenile crimes in Houston involving possession of marijuana vary.

If you’ve been arrested and accused of selling marijuana in the Houston area and are looking for a good criminal lawyer in the Houston area, give me a call at 713-228-4607. I am Jack B. Carroll, a Board Certified® Houston criminal defense attorney specializing in criminal law.

Punishment for any drug possession charge in Texas, including marijuana, carries serious potential consequences. Its in your best interest to hire myself, or another qualified criminal attorney in Houston as soon as possible to give your future the best possible chance of limited impact.

Below, are the criminal penalties for possession of marijuana, as opposed to selling/manufacture and distribution of marijuana which are listed above.

Texas Possession of Marijuana Criminal Punishment and Penalties

Quantity Criminal Classification
Penalty if Convicted
2 Ounces or less Class B Misdemeanor
Not more than 180 days in a county jail and/or a fine of not more than $2,000
2 - 4 Ounces Class A Misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000
4 Ounces - 5 Pounds State Jail Felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000
5 - 50 Pounds
3rd Degree Felony 2 to 10 years in a state prison and/or a fine of not more than $10,000
50 - 2000 Pounds
2nd Degree Felony 2 to 20 years in a state prison and/or a fine of not more than $10,000
Over 1 Ton
1st Degree Felony 5 to 99 years and a fine of not more than $50,000

Criminal penalties imposed by the court of law will take into consideration your criminal background, if any, and in cases of first time marijuana possession offenders, you may also be able to avoid harsh criminal penalties, including having the criminal charges expunged (criminal records removed) from your record, with the successful completion of community services, or probation.

Also keep in mind that any criminal charge involving a substance outlawed in Texas will cause the suspension of your Texas Drivers License. Including small amounts of marijuana such as joints or seeds.

Board Certified® By The Texas Board of Legal Specialization

Houston Criminal Defense Lawyer Jack B. Carroll

713-228-4607

Marijuana Cases, Possession of Marijuana, & Criminal Penalties