Texas

Mandatory Minimum Sentence
Medical CBD
Drugged Driving

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
Possession
2 oz or less Misdemeanor 180 days $ 2,000
2 - 4 oz Misdemeanor 1 year $ 4,000
4 oz to 5 lbs Felony 180 days* - 2 years $ 10,000
5 - 50 lbs Felony 2* - 10 years $ 10,000
50 - 2000 lbs Felony 2* - 20 years $ 10,000
More than 2000 lbs Felony 5* - 99 years $ 50,000
* Mandatory minimum sentence
Sale
7 g or less for no remuneration Misdemeanor 180 days $ 2,000
7 g or less Misdemeanor 1 year $ 4,000
7 g to 5 lbs Felony 180 days* - 2 years $ 10,000
5 - 50 lbs Felony 2* - 20 years $ 10,000
50 - 2000 lbs Felony 5* - 99 years $ 10,000
More than 2000 lbs Felony 10* - 99 years $ 100,000
To a minor Felony 2* - 20 years $ 10,000
* Mandatory minimum sentence
Cultivation
See Possession section for penalty details.
Hash & Concentrates
Possession of less than 1 g Felony 180 days - 2 years $ 10,000
Possession of 1 - 4 g Felony 2 - 10 years $ 10,000
Possession of 4 - 400 g Felony 2 - 20 years $ 10,000
Possession of more than 400 g Felony 10 years - life $ 50,000
Manufacture or delivery of less than 1 g Felony 180 days - 2 years $ 10,000
Manufacture or delivery of 1 - 4 g Felony 2 - 20 years $ 10,000
Manufacture or delivery of 4 - 400 g Felony 5 - 99 years $ 10,000
Manufacture or delivery of more than 400 g Felony 10 years - life $ 10,000
Paraphernalia
Possession of paraphernalia Misdemeanor N/A $ 500
Sale of paraphernalia (first offense) Misdemeanor 1 year $ 4,000
Sale of paraphernalia (subsequent offense) Felony 90 days* - 1 year $ 4,000
To a minor Felony 180 days* - 2 years $ 10,000
* Mandatory minimum sentence
Miscellaneous
Falsifying a drug test Misdemeanor 180 days $ 2,000
A person's driver's license is automatically suspended on final conviction of a drug offense.

Details

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.