Is Weed Legal in Houston? Texas Marijuana Laws to Know

Living in Houston, Texas is great. Not only is the job market booming in Houston, but you can also live there on a modest income. The weather can be great too!

Houston has been voted among the coolest cities in America. The lifestyle is a combination of the general laid-back atmosphere of Texas with the cityscapes of major cities.

Marijuana legalization is also a hot topic in Houston. With so many states making it legal, is Texas one of them? Is marijuana legal in Houston, TX?

If you want to live in Houston, you need to know Texas marijuana laws to keep you out of trouble. We’ll give you everything you need to know about Texas weed laws.

1. Summary of Texas Weed Laws

Texas is a conservative state and has the highest incarceration rates in the nation.  Going against national trends, Texas has not followed the decriminalization that many other states have done for weed. Texas weed laws dictate that any type of possession, sale or gifting of cannabis is illegal in the state. This goes as far as other marijuana products and derivatives.

Texas laws offer heavy prohibition, fines and jail time for anyone that can the state can catch. These laws will penalize you even if you have less than a quarter of an ounce of weed on you. The only exception to this is the medical use of low-THC, high-CBD cannabis oil.

There has been confusion, however, as the state of Texas passed a hemp law for the state. This brings further complications into the mix that need some more clarification.

2. The Current Political Climate of Marijuana Laws in Texas

Before we need to go further, we need to first use the definition of Texas about marijuana. According to the new House Bill 1325 passed in June 2019, marijuana is a distinct type of cannabis. Marijuana is any type of cannabis that contains more than 0.3% of THC.

THC, to define, is the psychoactive chemical in marijuana that gives you a high. Even in 2015, Texas weed laws cleared medical cannabis oils with less than 0.5% THC and 10+% CBD as legal under the Compassionate Use Program. This can happen under a doctor’s supervision and only the oil is allowable.

In 2019, definitions changed. While cannabis, with over 0.3%, is still illegal under marijuana laws in Texas, hemp is not. Hemp is cannabis with below 0.3% THC content.

Understanding this is vital to keeping you out of trouble. This can be helpful in any legal defense with a federal drug attorney.

3. Possession or Cultivation of Marijuana

What are the penalties for marijuana under Texas weed laws? It’s glum if the authorities catch you.

Possession or cultivation of marijuana in any shape or form is a crime in Texas. Penalties vary depending on the amount that they find on you or your property. The more they find on you, the heftier fines and penalties you can get.

Possession of two ounces or less of marijuana is a Class B misdemeanor. This entails a jail time of up to 180 days and penalties up to $2,000. Being caught in a drug-free zone like schools and youth centers can put you on the upper limit.

Two to less than four ounces is a class A misdemeanor. Marijuana laws in Texas dictate the penalty to be up to 1 year of jail time. Fines can go up to $4,000.

Possession of More Marijuana in Texas

If authorities catch you with 4 ounces to 5 pounds of weed, this constitutes a state jail felony. These will land you anywhere between a year and a half to 2 years in the slammer. You would also need to pay penalty fines that can go as high as $10,000.

Possessing 5 to 50 pounds of marijuana is a 3rd-degree felony in Texas. This will cost you $10,000 and between 2 to 10 years of jail time.

Owning 50 to 2000 pounds of marijuana in Texas is a 2nd degree felony. Expect fines of up to $20,000 too. More than 2000 pounds will land you at least 5 years of jail time, up to 99 years and up to $50,000 fines.

4. Sale or Gifting of Cannabis

Sale of marijuana can land you in almost similar fines and jail time as possession under Texas weed laws. Marijuana laws in Texas will give you a higher degree penalty for the same weight if you are gifting or selling. Here are the specifics.

Gifting of 1/4 ounce or less of marijuana will be a Class B misdemeanor. It will have up to 180 days of jail time and up to $2,000 in fines.

Selling of a quarter ounce or less of marijuana will be Class A misdemeanor. It will have up to a year of jail time and up to $4,000 in cash fines.

Selling or gifting more than a quarter of an ounce of marijuana, up to 5 pounds is a felony. It will have between 180 days to 2 years of jail time. It will also have up to $10,000 in fines.

Selling or gifting more than 5 lbs of cannabis, up to 50 pounds is a 2nd-degree felony. It will have between 2 to 20 years of jail time. It has up to $10,000 in fines.

Selling or gifting more than 50 lbs of marijuana, up to 2000 pounds is a first-degree felony. It will have between 5 to 99 years of jail time. It has up to $10,000 in fines.

Selling or gifting more than 2000 lbs of weed is a first-degree felony. It will have 10 to 99 years of jail time. It will also have up to $100,000 in fines.

5. Weed Paraphernalia Possession and Sale in Texas

Under Texas marijuana laws, paraphernalia possession and sale is illegal as well. These include everything you need to grow, cultivate, store and pack cannabis in all its forms. 

Possession itself is a Class C misdemeanor, with a $500 fine with zero jail time. Selling paraphernalia is a class A misdemeanor with up to 1 year jail time and up to $4000 fine. Selling to a minor will make it a state jail felony, with between half a year to 2 years jail time and $10,000 in fines.

Defending Yourself From Texas Marijuana Laws

When it comes to Texas marijuana laws, it’s illegal to possess, sell or gift marijuana. The state has stringent laws in the matter. If you plan on moving to Houston, consider these laws to prevent any problems in the considerable future.

With the highest incarceration rates in the nation, Texas is no place to battle on your own.  If you find yourself in trouble with the drug and criminal laws in Houston, Texas, you need legal counsel. You need people with both experience and expertise. 

Nathan J. Mays can help.

Consult Nathan J. Mays now and see how experienced criminal defense attorneys do their job. Talk to us today.

Jake StevenThe Mays Firm