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With no prior felony convictions, if convicted of possession of less than one pound of cannabis, a judge must impose a penalty of probation with mandatory drug treatment. If no treatment centers are available within the jurisdiction, the judge might waive the treatment requirement. The judge may also waive all fines.
Possession of two ounces or less of cannabis is punishable by up to 180 days incarceration and a fine up to $2,000. Possession of more than two ounces is punishable by up to one year incarceration and a fine up to $4,000. For more than four ounces the penalty raises to 180 days - two years in jail and a fine up to $10,000. Possession of more than five pounds carries a sentence of 2 - 10 years in prison and a fine up to $10,000. For more than 50 pounds the penalties raise to 2 - 20 years in prison and a fine up to $10,000. For any quantities over 2,000 pounds, the penalty is 5 - 99 years and a fine up to $50,000.
The consequence for delivery, without remuneration, of one-quarter of an ounce or less is up to 180 days incarceration and a fine up to $2,000. For delivery or sale of one-quarter of an ounce or less, the sentence is up to one year incarceration and a fine of up to $ 3,000. For delivery or sale of quantities over one-quarter ounce of marijuana the penalty increases to 180 days - 2 years in jail and a fine up to $10,000. Sale or delivery of more than five pounds is punishable by 2 - 20 years incarceration and a fine up to $10,000. The penalty for delivery or sale of more than 50 pounds is 5 - 99 years imprisonment and a fine up to $10,000. For any quantity of 2,000 pounds or more, the penalty is a mandatory minimum 10 - 99 years in prison and a fine up to $100,000.
Any sale to a minor is sentenced to 2 - 20 years imprisonment and a fine up to $10,000. Sale within 1,000 feet of a school or within 300 feet of a youth center, public pool or video arcade raises the consequence classification to the next highest level.
Repeated Misdemeanour Offences:
- If charged with a Class A misdemeanour and individual has been convicted before of a Class A misdemeanour or any degree of felony = 90 days-1 year; $4,000
- If charged with a Class B misdemeanour and individual has been convicted before of a Class A or Class B misdemeanour or any degree of felony = 30 days-180 days; $2,000
- If charged with a Class C misdemeanour and offender has been convicted before under one or a combination of the two above three times and the prior violation was committed within 24 months of incident = > 180 days; $2,000
Repeated Felony Offences:
- If charged with a state jail felony punishable and offender has previously been finally convicted of two state jail felonies, on conviction the offender shall be punished for a third-degree felony.
- If charged with a state jail felony punishable and individual has previously been finally convicted of two felonies, and the second previous felony conviction is for a violation that occurred subsequent to the first previous conviction having become final, on conviction the defendant shall be punished for a second-degree felony.
- If charged with a state jail felony or of a third-degree felony and offender has been once before convicted of a felony, on conviction, he shall be penalized for a second-degree felony.
- If charged with a second-degree felony and the individual has been once before convicted of a felony, on conviction, he shall be penalized for a first-degree felony.
If it is a first-degree felony and offender has been once before convicted of a felony, on conviction he shall be punished by incarceration in the institutional division of the Texas Department of Criminal Justice for life, or for any term of not more than 99 years or less than 15 years. Additionally to imprisonment, an offender may be punished by a fine not to exceed $10,000
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