Types of Drug Charges & Crimes in Texas
Texas imposes severe fines and penalties for drug charges. Facing charges of Possession of
a Marijuana with Intent to Sell or Deliver is a grave concern. Under Texas law, drug crimes
are defined as an offense that involves the possession, sale, use, manufacturing or growing
of any controlled substance/illegal narcotic. If you find yourself charged or arrested for
participating in a conspiracy involving drug sales, possession, or manufacturing, it is crucial
to seek the guidance of a seasoned attorney specializing in drug crimes.

Marijuana Charges

The laws regarding marijuana in Texas are known for being strict. The possession of two
ounces alone can result in incarceration. Due to its classification as a Schedule I substance,
which indicates a high potential for abuse, the associated penalties should not be taken
lightly.
What could I be charged with?
While certain states have moved towards the legalization of marijuana, the state of Texas
maintains a stance that does not recognize its medicinal value for THC concentrations
above .5% by weight. Consequently, it remains a criminal offense to possess, cultivate, sell,
or distribute any quantity of marijuana in Texas, including drug paraphernalia associated
with its cultivation, storage, sale, smoking, or ingestion. The mere possession of drug
paraphernalia within the state can incur a fine of $500.
If a marijuana-related drug offense occurs within a drug-free school zone or involves a
minor, the penalties can be substantially intensified. Additionally, Texas imposes a tax
stamp on transactions involving marijuana. However, due to the illegal nature of the drug,
individuals typically evade payment for the tax stamp. In the event of a drug crime
conviction, you may be required to pay for the tax stamp, which typically amounts to $3.50
per gram.
Penalties for Marijuana Possession in Texas
In the state of Texas, it is considered a criminal offense to possess any quantity of
marijuana. Upon being arrested for this offense, the extent of the penalties you may
face will be contingent upon the quantity of marijuana that was discovered.
According to Texas Code § 481.121, the penalties can
include:
• Less than 2 ounces: 180 days in jail & $2,000 in fines.
• 2 to 4 ounces: 1 year in jail & $4,000 in fines.
• 4 ounces to 5 pounds: 180 days to 2 years in prison & $10,000 in fines.
• 5 to 50 pounds: 2 to 10 years in prison & $10,000 in fines.
• 50 to 2,000 pounds: 2 to 20 years in prison & $10,000 in fines.
• 2,000+ pounds: 5 to 99 years in prison & $50,000 in fines.
Penalties-for-Marijuana Cultivation & Sales
If you are arrested for this crime of cultivation or sale of marijuana, the severity of the
penalties will depend on the amount of marijuana that was cultivated or sold. According to
Texas Code § 481.120, the penalties for selling marijuana include:
• Gifting ¼ of an ounce or less: 180 days in jail & 2,000 in fines
• Selling ¼ of an ounce or less: 1 year in jail & $4,000 in fines
• Selling ¼ of an ounce to 5 pounds: 180 days to 2 years in prison & $10,000 in fines
• Selling 5 to 50 pounds: 2 to 20 years in prison & $10,000 in fines
• Selling 50 to 2,000 pounds: 5 to 99 years in prison & $50,000 in fines
• Selling 2,000+ pounds: 10 to 99 years in prison & 50,000 in fines
Don’t Fight Your Drug Charges Alone
At Zuniga Law Offices, we can evaluate the multiple factors surrounding your charges and
develop a tailored defense plan specific to your case. As a Houston drug crime lawyer, I
possess the knowledge to identify the most effective defense strategy for your situation.
Additionally, I offer comprehensive support and guidance at every stage of the process.
Call 713-DRUG LAW (378-4529) now for your free consultation.