Other Penalties
Concentrates (INCLUDES HASH)
ANY AMOUNT OF A CANNABIS CONCENTRATE IS A FELONY IN TEXAS.
Possession of hashish or concentrates is a crime in Texas.
- If hashish or concentrates is less than one gram, the offense is considered a state jail felony punishable by term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is more than 1 gram but less than 4 grams, the offense is considered a felony of the third degree punishable by a term of imprisonment no less than 2 years and no greater than 10 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is greater than 4 grams but less than 400 grams, the offense is considered a felony in the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is more than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater 99 years and a fine no greater than $50,000.
- Manufacturing, delivering, or possessing with intent to deliver hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 1 gram, the offense is considered a state jail felony punishable by a term of imprisonment no less than 180 days and no greater than 2 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is more than 1 gram but less than four grams, the offense is considered a felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is more than 4 grams but less than 400 grams, the offense is considered a felony of the first degree punishable by a term of imprisonment no less than 5 years and no greater than 99 years and a fine no greater than $10,000.
- If the amount of hashish or concentrates is greater than 400 grams, the offense is punishable by lifetime imprisonment or a term of imprisonment no less than 10 years and no greater than 99 years and a fine no greater than $100,000.
- Delivering hashish or concentrates to a person under 18 years of age or a person enrolled in primary or secondary school is felony of the second degree punishable by a term of imprisonment no less than 2 years and no greater than 20 years and a fine no greater than $10,000. This is only applicable if the offender is older than 18 years of age.
- Any device used for the purpose of creating hashish or concentrates is considered drug paraphernalia. Possession of any such device is a Class C Misdemeanor punishable by a fine no greater than $500. Manufacturing, delivering, or possessing with intent to deliver any such device is a Class A Misdemeanor punishable by a term of imprisonment no greater than 1 year and/or a fine no greater than $4,000.
- If any of the previously listed offenses occurred within 1,000 feet of a school, youth center or playground, or within 300 feet of a public swimming pool or video arcade, the degree of the offense is increased by one level; i.e. if the offense was a felony of the third degree it is now a felony of the second degree and if the offense was a felony of the second degree it is now a felony of the first degree, etc.
- If the perpetrator of any of the previously listed offenses was found to have involved a person under the age of 18, the degree of the offense is increased one level; i.e. if the offense was a felony in the third degree it is now a felony of the second degree, and if the offense was a felony of the second degree it is now a felony of the first degree, etc.
Paraphernalia
- Marijuana paraphernalia is the most common drug-related item found by law enforcement. This can include any items used for growing, harvesting, transporting, packaging, storing, selling, or using marijuana.
Possession of paraphernalia is a Class C misdemeanor, punishable by a fine not to exceed $500.
Examples of paraphernalia:
Rolling papers
Pipes (plastic, wood, ivory, or glass)
Water pipes
Alligator clips
Lighter
Scales used to weigh drugs
Plastic bags or other items used to package drugs into individual units for sale
Selling, or possessing with intent to sell or deliver, paraphernalia is a Class A misdemeanor, punishable by imprisonment of up to 1 year and a fine not to exceed $4,000, unless the offender has previously been convicted of this offense, in which case the offense is a felony, punishable by a mandatory minimum sentence of 90 days imprisonment and a maximum sentence of 1 year imprisonment.
Selling paraphernalia to a minor is a state jail felony, punishable by a mandatory minimum sentence of 180 days imprisonment, a maximum of 2 years imprisonment, and a fine not to exceed $10,000.
See:
Drug Tests
- Falsifying a drug test, or possessing with intent to use any material for the falsification of a drug test, is a Class B misdemeanor, punishable by up to 180 days imprisonment and a fine not to exceed $2,000.
- A person’s driver’s license is automatically suspended on final conviction of: (1) an offense under the Controlled Substances Act or (2) a drug offense.