Texas Marijuana Possession Penalties (2026)
Possession of marijuana / cannabis charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing marijuana possession charges in Texas, consult a licensed Texas criminal defense attorney.
Texas Marijuana Possession Penalties
| Amount | Penalty |
|---|---|
| Small Amount | Class B misdemeanor: up to 180 days, $2,000 fine (2 oz or less) |
| Large Amount | Felony for amounts over 4 oz |
Texas has limited Compassionate Use CBD program only
Marijuana Possession Statute of Limitations in Texas
In Texas, the statute of limitations for felony drug charges is generally 3 years. Misdemeanor drug offenses carry a 2 years limit.
Defending Against Marijuana Possession Charges in Texas
Common defenses in Texas marijuana possession cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.
Related Texas Laws
DUI / DWI
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication