Texas State Laws

Map of Texas Marijuana Laws

 Don't Get Busted In The Lone Star State

Texas is big. Second largest in people and size, it’s a state to be reckoned with. While we shouldn’t “Mess With Texas,” we could give them a hard time for not being cool with medical or recreational marijuana. One of Texas’ mottos is “Friendship,” but we wonder why the state has such a cold shoulder towards helping some state residents who could benefit from medical marijuana.

What’s the Deal with Medical Marijuana?

Texas is slow to give the “OK” for medical marijuana. Recently, a bill was introduced, but talk has been just that. The proposed bill includes limitations to “safeguard the community and minimize the misuse of medical marijuana.” If (or when) the bill is passed, individuals who suffer from debilitating conditions such as cancer, MS, Parkinson’s, PTSD, seizures, and other conditions could qualify for medical marijuana. Despite the large amount of supporters, it’s difficult to determine if medical marijuana will become legal any day soon.

Fines & Jail Time

As with most states, that haven’t made recreational marijuana legal, we don’t recommend getting caught while using marijuana. Possessing and selling marijuana have similar consequences and if you decide to hold and partake, you need to be aware of the possible ramifications. For 2 oz or less, you can face up to 180 days of incarceration and $2,000 in fines, 2-4 oz is up to a year and double the fine, 4oz to 5 lbs. is a MMS of 180 days, but up to 2 years including up to $10,000. Similarly, hash and concentrates have harsh penalties that can include sentencing up to life.

Texas Marijuana Laws SummarySelling anything illegal to a minor is a bad idea. Keep in mind that MMS of 2 years applies to getting caught selling to a minor.

Even possessing paraphernalia, can result in a fine up to $500. Selling paraphernalia can land you in jail for up to a year or more and up to $4,000 depending on your offense (first vs. subsequent). If the punishments aren’t harsh enough, if you are caught falsifying a drug test, you can face up to 180 days in jail, a $2,000 fine, and a loss of your driving license.

MMS Law in Texas

When someone is convicted of a punishable offense by the Mandatory Minimum Sentence (MMS), the judge has no choice but to sentence the defendant (yes, even the friendly and peaceful pot smokers) to the MMS.  Individuals who serve a MMS are not eligible for parole. In Texas, many of the MMS sentences are 2,5, or 10 years and it all depends on the offense. Regardless, that’s enough to make you think twice before taking the risk of cultivating, selling, or trafficking.


There might be a lot to like about Texas, like their diverse landscapes, culture, and music festivals, but their marijuana laws are pretty unlikable. If you are driving through the large state of Texas, stay away from pot. It’s a long trip, don’t make it a strange one that ends in expensive drug convictions.

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1 Comment

  1. John Pinckard on July 4, 2018 at 3:01 pm

    Cannabis policy reform can improve public safety, boost our economy, and provide much-needed health care options for struggling Texans.
    This comes a week after Republicans at their state convention voted in support of planks which approve of lowering penalties for marijuana possession, expanding the state’s medical cannabis extract program, and calling for the federal government to re-schedule cannabis, all of which is a historic first for the party after cannabis advocates ground out a win of about 80 percent support by delegates and nearly getting cannabis made a priority by Republicans for the upcoming legislative session in 2019.

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