Texas Marijuana Laws

Attorney Robert Gregg • December 30, 2019

Many states throughout the country have legalized either medical or recreational marijuana. However, Texas still has some of the strictest cannabis laws in the United States.


Although medical marijuana was legalized in the state in 2015, the state only allows patients to use low-THC cannabis oil—which contains less than .05 percent THC—but not pot in flower form or concentrates. On the other hand, recreational use is still illegal.


Possession of less than two ounces of cannabis is a Class B misdemeanor, which carries a maximum jail sentence of 180 days and a fine not exceeding $2,000. Possession of between two and less than four ounces is a Class A misdemeanor, punishable by a maximum jail term of one year and a fine no more than $4,000.


Possession of between four and less than five ounces is a state jail felony, punishable by a maximum two-year state jail sentence and a fine of up to $10,000. Possession of between five and less than 50 pounds is a third-degree felony, which carries a maximum prison term of 10 years and a fine not exceeding $10,000.


Sale or distribution of one-fourth of an ounce or less is a Class A misdemeanor. Sale or distribution of more than one-fourth of an ounce and five pounds is a state jail felony. Sale or distribution of more than five pounds and up to 50 pounds is a second-degree felony, punishable by a maximum 20-year prison term and a fine no more than $10,000.


Additionally, it is against the law to possess, use, sell, or manufacture drug paraphernalia (e.g. pipes, bongs, etc.). Possession of paraphernalia is a Class C misdemeanor, which carries a maximum $500 fine but no jail time.


If you have been charged with a drug crime in Dallas, contact the Law Offices of Robert Gregg today at and schedule a free consultation today to learn about your available legal options.

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