Possession of Marijuana/Drug Paraphernalia

Possession of Drug Paraphernalia

A conviction of possession of drug paraphernalia under Texas law is treated as a Class C misdemeanor so long as there are no factors present that upgrade the crime to a more serious charge. For example, giving or selling such items to a minor can enhance this to felony offense.

  • Class C Possession of Drug Paraphernalia (prosecuted in municipal courts) - punishable by a fine up to $500.
  • Class A Possession of Drug Paraphernalia – punishable by up to 1 year in county jail, and up to a $4,000 fine.
  • State Jail Felony Possession of Drug Paraphernalia – Punishable by 180 days to 2 years in a State Jail Facility and up to a $10,000 fine.

Possession of Marijuana

Attitudes about marijuana have been rapidly changing, and although several states have passed laws permitting medical and/or recreational use of marijuana, in Texas, possession of even a small amount of marijuana for personal use can land you in jail and, in some cases, prison. Even marijuana result in some severe immigration consequences, however, there are several options available to help you avoid a conviction and those consequences.

  • Class B Possession of Marijuana < 2 oz – punishable by up to 180 days in county jail, and up to a $2,000 fine.
  • Class A Possession of Marijuana 2 oz > 4 oz – punishable by up to 1 year in county jail, and up to a $4,000 fine.
  • State Jail Felony Possession of Marijuana: 4 oz > 5 lbs – Punishable by 180 days to 2 years in a State Jail Facility and up to a $10,000 fine.
  • 3rd Degree Felony Possession of Marijuana: 5 lbs > 50 lbs – Punishable by 2 to 10 years in TDCJ and up to a $10,000 fine.
  • 2nd Degree Felony Possession of Marijuana: 50 lbs > 2,000 lbs – Punishable by 2 to 20 years in TDCJ and up to a $10,000 fine.
  • 1st Degree Felony Possession of Marijuana: > 2,000 lbs – Punishable by 5 to 99 years (or life) in TDCJ and up to a $10,000 fine.