How Much Weed Is a Felony in Texas?
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Marijuana penalty schedule
Texas Health & Safety Code § 481.121 — marijuana possession penalties: Under 2 oz — Class B misdemeanor (up to 180 days + $2,000). 2-4 oz — Class A misdemeanor (up to 1 year + $4,000). 4 oz-5 pounds — state-jail felony (180 days-2 years + $10,000). 5-50 pounds — third-degree felony (2-10 years + $10,000). 50-2,000 pounds — second-degree felony (2-20 years + $10,000). Over 2,000 pounds — first-degree felony (5-99 years/life + up to $50,000 fine). Felony threshold: 4 ounces plant marijuana.
THC concentrates — much harsher penalties
Texas Health & Safety Code § 481.116 (Penalty Group 2) — THC concentrates much more severe than plant marijuana. Concentrates include: dabs, wax, shatter, budder, rosin, live resin, edibles, vape cartridges, oils. Penalties: Under 1 gram — state-jail felony (180 days-2 years). 1-4 grams — third-degree felony (2-10 years). 4-400 grams — second-degree felony (2-20 years). Over 400 grams — first-degree felony (5-99 years/life + $50,000). Critical weight issue: Texas weighs entire substance including substrate, not just THC. A 2 oz brownie containing minimal THC could weigh 56 grams = second-degree felony. Edibles purchased in legal states become felonies when transported into Texas.
Delivery and distribution
Marijuana delivery under § 481.121(b)(2)-(7): 1/4 oz or less without remuneration: Class B misdemeanor. 1/4 oz or less with remuneration: Class A misdemeanor. 1/4 oz-5 lbs: state-jail felony. 5-50 lbs: second-degree felony. 50-2,000 lbs: first-degree felony. Over 2,000 lbs: enhanced first-degree (10-99 years/life + $100,000 fine). Concentrate delivery under § 481.114: under 1g state-jail felony; 1-4g second-degree (2-20 years); 4-400g first-degree (5-99 years); over 400g enhanced first-degree. Delivery penalties significantly more severe than possession.
Drug-free zone enhancement
Texas Health & Safety Code § 481.134 — drug-free zone enhancement. Possession or delivery within 1,000 feet of: schools; playgrounds; daycare centers; private/public youth centers; public swimming pools; video arcades; designated drug-free zones. Effect: doubles minimum punishment range; may reclassify offense to higher felony level. Texas urban areas: dense urban locations often have multiple overlapping drug-free zones; many delivery offenses subject to enhancement. Defense investigation: GPS coordinates of offense location; certified surveys of school boundaries; school district maps. Drug-free zone defenses often turn on precise location measurements.
Hemp vs. marijuana distinction
Texas Agriculture Code Chapter 122 legalized hemp (Cannabis with THC under 0.3% Delta-9) following 2018 federal Farm Bill. Marijuana: Cannabis with THC over 0.3%. Hemp: legal possession. Practical complications: hemp and marijuana visually identical; field testing requires lab analysis; police often need lab confirmation to charge. Some Texas DAs decline marijuana prosecution when lab analysis pending or unfeasible. Delta-8/Delta-10 THC and HHC products are hemp-derived but produce positive THC drug tests. Recent Texas legislative debate over banning hemp-derived intoxicants ongoing.
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How much weed is a felony in Texas?
4 ounces of plant marijuana — state-jail felony (180 days-2 years). 5 pounds — third-degree felony. 50 pounds — second-degree. 2,000+ pounds — first-degree. THC concentrates (dabs, edibles, vapes) are felonies starting at UNDER 1 GRAM (state-jail felony) due to PG 2 classification.
Why are THC edibles felonies in Texas at low weight?
Texas Health & Safety Code § 481.116 classifies THC concentrates as Penalty Group 2 — much harsher than plant marijuana. Texas weighs entire substance including substrate, not just THC. A 2 oz brownie containing minimal THC = 56 grams = second-degree felony. Vape cartridges similarly weight-elevated.
What's the difference between marijuana and THC concentrate in Texas?
Marijuana (plant): Health & Safety Code § 481.121; felony at 4 ounces; lower penalty group. Concentrates (dabs, wax, edibles, vapes): § 481.116 (PG 2); felony at under 1 gram; substrate weight included. Plant under 2 oz = Class B misdemeanor; same THC content in concentrate form could be second-degree felony.
What's the drug-free zone enhancement?
Health & Safety Code § 481.134 — delivery or PWID within 1,000 feet of school, playground, daycare, etc. Doubles minimum punishment; may reclassify offense to higher felony. Common in Texas urban areas with overlapping zones. Defense requires precise location measurements and certified surveys.
Is hemp legal in Texas?
Yes — Texas Agriculture Code Chapter 122 legalized hemp (under 0.3% Delta-9 THC). Marijuana over 0.3% THC remains illegal. Practical complication: hemp and marijuana visually identical; lab analysis required to distinguish. Delta-8/Delta-10/HHC products are hemp-derived but produce positive THC drug tests.
