Tuesday, October 19, 2010

Penalties for Marijuana Use, Possession, Sale, and Delivery in Austin Texas

         Penalties: Marijuana Possession in Texas:


Marijuana Possession:

Possession of less than 2 oz*Class B MisdemeanorPenalties include incarceration for a period of up to 180 days with a fine of $2,000
Possession of between 2 oz and 4 oz*Class A MisdemeanorPenalties include incarceration for a period of up to 1 year with a fine of $4,000
Possession of between 4 oz and 1 lb*State Jail FelonyPenalties include incarceration for a period of 180 days to 2 years, with a fine of $10,000
Possession of between 1 lb and 5 lbsState Jail FelonyPenalties include incarceration for a period of 180 days to 2 years, with a fine of $10,000
Possession of between 5 lbs and 50 lbsFelony of the Third DegreePenalties include incarceration for a period of 2 to 10 years with a fine of $10,000
Possession of between 50 lbs and 2,000 lbsFelony of the Second DegreePenalties include incarceration for a period of 2 to 20 years with a fine of $10,000
Possession of greater than 2,000 lbsFelonyPenalties include incarceration for a period of 5 to 99 years with a fine of $50,000
*First-time offenders with less than one pound of marijuana in their possession will face mandatory drug treatment as part of their sentence and will avoid incarceration if not previous criminal record exists.

Sale:

Gifting up to ¼ ozClass B MisdemeanorPenalties include incarceration for a period of 180 days with a fine of $2,000
Sale of up to ¼ ozClass A MisdemeanorPenalties include incarceration for a period of one year with a fine of $4,000
Sale of between ¼ oz and 5 lbsState Jail FelonyPenalties include incarceration for a period of 180 days to 2 years with a fine of $10,000
Sale of between 5 lbs and 50 lbsFelony of the Second DegreePenalties include incarceration for a period of 2 to 20 years with a fine of $10,000
Sale of between 50 lbs and 2,000 lbsFelony of the First DegreePenalties include incarceration for a period of 5 to 99 years with a fine of $10,000
Sale of greater than 2,000 lbsFelonyPenalties include a mandatory minimum sentence of incarceration for a period of 10 to 99 years and a fine of $100,000
Sale to a minorFelonyPenalties include incarceration for a period of 2 to 20 years with a fine of $10,000
Sale in an area within 1,000 ft of a school or in an area within 300 ft of other specified placesMisdemeanor or FelonySentencing will be determined by the amount of marijuana found, and incarceration period and fine will be increased to the next level

Paraphernalia:

Possession of paraphernaliaCass C MisdemeanorPenalties include a fine of up to $500
Sale of paraphernaliaClass A MisdemeanorPenalties include incarceration for a period of 1 year with a fine of $4,000
Sale of paraphernalia to a minor (greater than 3 years younger than the seller)State Jail FelonyPenalties include incarceration for a period of 180 days to 2 years with a fine of $10,000



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