Is Weed a Felony in Texas?
The laws regarding marijuana use and possession have changed significantly over the years in Texas. While weed is still illegal under federal law, the state’s laws have become more relaxed, particularly when it comes to medicinal use. However, it is still important to understand the legal consequences of marijuana use and possession in Texas.
Is Weed Illegal in Texas?
Texas has laws that prohibit the possession, sale, distribution, and cultivation of marijuana. However, the law distinguishes between possession and use for medical purposes versus recreational use.
Drug Schedules in Texas
The Texas Controlled Substances Act divides drugs into several schedules, with Schedule I drugs considered the most harmful and dangerous. Marijuana is classified as a Schedule I drug under federal law, but under Texas law, it is classified as a Schedule 1 drug that can be used for certain medical purposes.
Misdemeanor Possession of Marijuana
Under Texas law, possession of marijuana in an amount less than two ounces is considered a Class C Misdemeanor, punishable by up to $500 in fines. However, if an individual is caught with an amount of marijuana between 2 ounces and 4 ounces, it becomes a Class B Misdemeanor, punishable by up to 180 days in jail and a maximum fine of $2,000.
Felony Possession of Marijuana
If an individual is found with more than 4 ounces of marijuana, or if they have been caught with multiple offenses, possession can be considered a felony. In Texas, felonies are classified into categories, including:
- State Jail Felony: up to 2 years in state jail and a fine of up to $10,000
- Third-Degree Felony: up to 10 years in prison and a fine of up to $10,000
- Second-Degree Felony: up to 20 years in prison and a fine of up to $20,000
- First-Degree Felony: up to 99 years in prison and a fine of up to $50,000
Marijuana-Related Offenses as a Felony
- Marijuana trafficking is a felony in Texas, punishable by up to 2 years in prison and a fine of up to $10,000.
- Marijuana distribution is a felony, punishable by up to 20 years in prison and a fine of up to $10,000.
- Marijuana manufacture is a felony, punishable by up to 99 years in prison and a fine of up to $20,000.
- Marijuana growing is a felony, punishable by up to 99 years in prison and a fine of up to $50,000.
Defenses to Weed-Related Charges
Defendants can use various legal defenses to challenge weed-related charges. Some common defenses include:
- Excessive force: If a police officer used excessive force during the arrest or seizure of the marijuana, a defendant can argue that it was unlawful.
- Lack of probable cause: If a police officer did not have probable cause to stop or search a vehicle or individual, any evidence seized may be rendered inadmissible.
- Illegal search and seizure: If a police officer conducted an illegal search and seizure, any evidence collected may be excluded from the trial.
Marijuana-Related Lawsuits and Settlements
There have been several high-profile cases involving marijuana-related lawsuits in Texas. In 2014, the city of Brownsville, Texas, reached a $50,000 settlement with a woman who was arrested for possessing 1.47 grams of marijuana. In 2019, the city of Austin, Texas, paid $180,000 to a man who was arrested and detained for possessing a single marijuana cigarette.
Recent Changes in Texas Marijuana Laws
In 2017, the Texas Legislature introduced a bill that would expand access to medical marijuana. The bill allows for the use of a low-THC CBD oil to treat certain medical conditions, such as seizure disorders, multiple sclerosis, and incurable epilepsy.
Conclusion
In Texas, possession of marijuana in an amount less than 2 ounces is considered a misdemeanor, while possession in an amount greater than 2 ounces or possession for distribution, manufacture, or trafficking can be considered a felony. The legal consequences for marijuana use and possession are significant, and defendants need to take legal action promptly to defend themselves. Whether you are facing a felony or misdemeanor charge, an experienced attorney can help navigate the legal system and mitigate the penalties.
