Delivery of Marijuana
There are no marijuana dispensaries for recreational use, so users have to resort to dealers for the substance. Marijuana dealers are often caught with large amounts of the drug, so prosecutors go after them harder than those arrested for possession of small amounts.
It is in your best interest to retain legal counsel if you have been arrested or charged with delivery of marijuana. Conviction of the crime can entail time in prison and hefty fines. Don’t delay. The sooner you retain legal representation the better.
Texas Attorney for Delivery of Marijuana
You may think you will save money representing yourself, but the outcome could cost you years of your life and thousands of dollars in fines. Contact Law Offices of David Sloane, PLLC today if you have been arrested or charged with delivery of marijuana. David Sloane is a highly respected and sought-after marijuana attorney who will stop at nothing to defend your rights.
Take the first step in your defense and schedule a confidential consultation with Law Offices of David Sloane, PLLC. Call (817) 810-0088 or submit your information in the online contact form. David Sloane defends those accused of marijuana crimes in counties across North-Central Texas such as Tarrant County, Dallas County, Dallam County, Sherman County and Gray County.
- Marijuana Laws in Texas
- Is Delivery of Marijuana a Felony in Texas?
- Delivery of Marijuana to a Child
- Additional Resources
Marijuana Laws in Texas
The act of giving or selling drugs to another person is called “delivery” in the Texas Controlled Substance Act. You are not required to actually sell the drug to be charged with the offense. Under the state’s marijuana laws, it can be considered delivery if you share or simply give a small amount of marijuana to another person. Receiving money in exchange for the drug is not required for conviction.
Marijuana delivery charges involve elements of possession. Possession comes in two forms: actual and constructive. As the name implies, actual possession involves the drug being on your actual person. This can include having marijuana in your pocket or hands.
Constructive possession involves having dominion and control over the drug, but it is not on your person. For example, marijuana is in a lockbox you have the key to, or it’s in the glove box of your vehicle.
Marijuana is not classified within one of the state’s six penalty groups. The drug is still a controlled substance, but it’s classified within its own category. Since marijuana is not classified in any of the six penalty groups, crimes involving the drug will not be as harshly punished as those involving controlled drugs like cocaine and heroin. But this doesn’t mean the charges for marijuana crimes are not harsh.
Is Delivery of Marijuana a Felony in Texas?
Selling marijuana has the potential to be charged as a felony depending on how much of the drug was delivered and whether or not money was received in exchange. According to the Texas Controlled Substance Act, you could be charged the following for delivery of marijuana.
- ¼ oz. or less. No money received: Class B misdemeanor punishable by no more than 180 days in jail and a fine up to $2,000
- ¼ oz. or less. Money received: Class A misdemeanor punishable by no more than a year in jail and a fine up to $4,000
- More than ¼ oz., less than 5 lbs.: State jail felony punishable by 180 days to two years in prison and a fine up to $10,000
- More than 5lbs, less than 50 lbs.: Second-degree felony punishable by two to 20 years in prison and a fine up to $10,000
- More than 50 lbs., less than 2,000 lbs.: First-degree felony punishable by five years to 99 years or life in prison and a fine up to $10,000
- More than 2,000 lbs.: 10 to 99 years or life in prison and a fine up to $100,000
Delivery of Marijuana to a Child
Texas takes delivery charges a step further when a case involves selling marijuana to a child. Knowingly selling marijuana to anyone under 18, anyone in grade school, or to a person you know will give the drugs to a child will result in charges for delivery to a child.
Regardless of how much you sold the child, you will be charged with a second-degree felony. A second-degree felony is punishable by two to twenty years in prison and a fine up to $10,000.
Additional Resources for Delivery of Marijuana
Texas Controlled Substance Act– Follow the link to read through the act governing the delivery of marijuana. You can read the precise legal definition of delivery, delivery to a child and learn about other marijuana crimes such as possession. The act can be read on the Texas Constitution and Statutes website.
Texas NORML – Visit Texas NORML to learn more about marijuana in Texas. You can gain access to the state’s marijuana laws, arrest data and news regarding marijuana reform. NORML, the National Organization for the Reform of Marijuana Laws, is a non-profit organization looking to shift public opinion on marijuana legalization in the country.
Delivery of Marijuana Defense Lawyer in Texas
It’s imperative you begin building a defense for your delivery of marijuana charges. The sooner you act, the more time David Sloane has to gather evidence for your case. Here at Law Offices of David Sloane, PLLC, we will carefully review each and every detail of your case to determine the best approach.
David Sloane has over 20 years of experience defending those accused of marijuana crimes in counties across North-Central Texas. Some of these counties include Tarrant County, Dallas County, Moore County, Oldham County and Hall County.
Call (817) 810-0088 to schedule a confidential consultation.
This article was last updated on Wednesday, February 6, 2019.