How Much Weed in Texas is a Felony?
Texas is known for its strict drug laws, and when it comes to marijuana, the Lone Star State is no exception. While some states have legalized or decriminalized marijuana, Texas remains one of the most conservative states when it comes to weed. So, how much weed in Texas is a felony?
The Answer: It’s Complicated
In Texas, possession of marijuana is a crime, and the punishment varies depending on the amount of marijuana found on a person. The key to understanding Texas’ marijuana laws is to understand the different weights and their corresponding penalties.
Here’s a breakdown of the different weights and their penalties:
| Weight | Penalty |
|---|---|
| Under 1 ounce | Class C Misdemeanor, punishable by up to 30 days in jail and a fine of up to $500 |
| 1-4 ounces | Class B Misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000 |
| 4-5 ounces | State Jail Felony, punishable by 180 days to 2 years in a state jail and a fine of up to $10,000 |
| 5-50 pounds | Third-Degree Felony, punishable by 2-10 years in prison and a fine of up to $10,000 |
| 50-200 pounds | Second-Degree Felony, punishable by 2-20 years in prison and a fine of up to $10,000 |
| Over 200 pounds | First-Degree Felony, punishable by 5-99 years or life in prison and a fine of up to $50,000 |
But What About THC Content?
In addition to weight, the THC content of the marijuana can also affect the penalty. Marijuana with a THC content of 10% or higher is considered a controlled substance and is subject to the same penalties as heroin and cocaine.
Other Factors That Can Increase the Penalty
In addition to weight and THC content, other factors can increase the penalty for marijuana possession in Texas. These include:
- Prior convictions: If a person has prior drug convictions, they can face increased penalties for subsequent offenses.
- Intent to distribute: If a person is found with a large amount of marijuana and evidence of intent to distribute, they can face more severe penalties.
- Drug paraphernalia: Possession of drug paraphernalia, such as bongs or scales, can increase the penalty for marijuana possession.
Consequences of a Felony Conviction
A felony conviction for marijuana possession in Texas can have severe consequences, including:
- Jail time: A felony conviction can result in a sentence of 2-99 years in prison.
- Fines: A felony conviction can result in a fine of up to $50,000.
- Criminal record: A felony conviction can result in a criminal record that can impact a person’s ability to get a job, vote, or own a firearm.
- Loss of civil rights: A felony conviction can result in the loss of certain civil rights, such as the right to vote or serve on a jury.
Decriminalization Efforts
There are ongoing efforts to decriminalize marijuana in Texas. In 2019, the Texas House of Representatives passed a bill that would have decriminalized possession of small amounts of marijuana, but it was defeated in the Senate.
What You Can Do
If you’re facing a marijuana possession charge in Texas, it’s important to seek the advice of an experienced attorney. An attorney can help you navigate the complex legal system and work to minimize the consequences of a conviction.
Here are some steps you can take to protect your rights:
- Seek legal advice: If you’re facing a marijuana possession charge, seek the advice of an experienced attorney.
- Respect the law: Do not attempt to possess or distribute marijuana, even if it’s just a small amount.
- Keep a low profile: If you’re facing a marijuana possession charge, avoid posting about it on social media or discussing it with friends and family.
- Cooperate with authorities: If you’re stopped by the police, cooperate fully and answer their questions honestly.
Conclusion
In Texas, the amount of marijuana that constitutes a felony is complex and depends on a number of factors, including weight and THC content. If you’re facing a marijuana possession charge, it’s important to seek the advice of an experienced attorney and take steps to protect your rights. By understanding the laws and penalties surrounding marijuana possession in Texas, you can make informed decisions and avoid the severe consequences of a felony conviction.
