FAQs About Possession of Marijuana in Texas

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UnknownPossession of Marijuana FAQ

Q: What does possession really mean?

A: The Texas Penal Code Section 1.07(39) defines “possession” as “actual care, custody, control, or management.” In other words, the State has to prove that someone was in actual care, custody, control, or management of the marijuana not just that someone was merely in close proximity to the drugs.

Q: What exactly is considered marijuana?

A: The legal definition of marijuana is defined in the Texas Health and Safety Code. Marijuana is in its own category and for the purposes of marijuana possession, is defined as any Cannabis sativa plant, whether it is growing or not, the seeds of the plant and any preparation of the plant such as a joint or a package containing dried and shredded buds.

Q: How serious is a possession of marijuana charge?

A: It depends. Possession of marijuana is at least a misdemeanor criminal charge under Texas law. Though most minor marijuana possession cases can be dealt with effectively, more serious charges with larger quantities or intent to sell are extremely serious charges.

Q: What are the laws and penalties regarding marijuana possession?

A: As follows:

Weight Classification Penalty

*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

*More than 2 ounces, but less than 4 ounces
Class A misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000

*More than 4 ounces, but less than 5 pounds
State jail felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000

*More than 5 pounds, but less than 50 pounds
Third-degree felony
2 to 10 years in a state prison and/or a fine of not more than $10,000

*More than 50 pounds, but less than 2,000
Second-degree felony
2 to 20 years in a state prison and/or a fine of not more than $10,000

*More than 2,000 pounds
Enhanced first-degree felony
5 to 99 years and a fine of not more than $50,000

Q: Does having a possession of marijuana conviction on my record affect my driver’s license?

A: Yes, you can be sentenced to a suspended driver’s license for up to six months following a conviction on any violation of the Texas Controlled Substances Act, which includes possession of marijuana.

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