If a person has two ounces of marijuana up to four ounces of marijuana. That is a class A misdemeanor and that carries a punishment range of up to a year. Served in the Lubbock County detention center or an up to $4,000 fine. An individual would also find that their driver’s license and their student financial aid would be suspended.
When it gets over four ounces, then it becomes a felony. Again, this is just in the possession of the actual marijuana or the green leafy substance. Four ounces to five pounds is a state jail felony which means that the defendant would go from 180 days. To having to spend six months to two years in the state jail division of the Texas Department of Corrections. It should be noted that in state jail it is expected that the individual will serve their sentence in its entirety. If a client gets a one year sentence to state jail, they will typically serve the entire sentence. If a person has more than five pounds, then it becomes either a third-degree felony. Five to 50 pounds or on up to a second degree and a first-degree felony.
It has to be a usable amount of marijuana. So just having a part of the marijuana that a person cannot smoke. Or use to get high is not enough under Texas law to get charged with possession. An example of unusable marijuana would be the marijuana seeds. Even if someone has a marijuana seed or many marijuana seeds. Because the person cannot get high off of smoking the seed. They cannot be charged with possession.
