How to Seal a Marijuana Possession Charge in Texas

If you have been charged with a possession of marijuana in Texas, you may be eligible to have your charge sealed. The terms for sealing your marijuana possession charge will depend on the level of the charge with which you were convicted. If your possession charge resulted in an A or B class misdemeanor or a felony that has received successful completion of deferred adjudication and the drug charge was dismissed, you may be eligible to set aside your Texas marijuana possession charge.

marijuana drug charge Marijuana Photo by Neeta Lind

According to NORML (the National Organization for the Reformation of Marijuana Laws), the Texas laws and penalties -including fees and jail time- for possession vary depending on the weight of the substance.

Charges and penalties for possession of marijuana are as follows:

  • For 2 oz. or less, you will be charged with a Class B misdemeanor, 180 days imprisonment, and a fine not to exceed $2,000.00.
  • For 2 oz. - 4 oz., you will be charged with a Class A misdemeanor, 1 year imprisonment, and a fine not to exceed $4,000.00.
  • For 4 oz. - 5 lbs., you will be charged with a felony, a mandatory minimum of 180 days imprisonment and a maximum imprisonment of 2 years in state jail, and a fine not to exceed $10,000.00.
  • For 5 lbs. - 50 lbs., you will be charged with a third degree felony, a mandatory minimum imprisonment of no less than 2 years and a maximum of 10 years in state jail, and a fine not to exceed $10,000.00.
  • For 50 lbs. - 2,000 lbs., you will be charged with a second degree felony, a mandatory minimum imprisonment of no less than 2 years and a maximum of 20 years in state jail, and a fine not to exceed $10,000.00.
  • For more than 2,000 lbs., you will be charged with a felony, a mandatory minimum imprisonment of no less than 5 years and a maximum of 99 years in state jail, and a fine not to exceed $50,000.00.

If eligible, you can petition the Texas courthouse that oversaw your original possession charge hearing for an order of non-disclosure, which will result in sealing the records of your marijuana possession charge. Sealing your marijuana possession charge will allow you to legally state that you were never arrested, placed on deferred adjudication, or convicted of a possession charge.

More information on drug charge expungement can be found here.