Marijuana Possession with Intent to Sell

If police find you with large amounts of marijuana, they may assume you intended to sell the drug. Possession with intent to sell is penalized more than simple possession. You could be looking at time behind bars and expensive fines if convicted.

Conviction of a drug crime can have a detrimental effect on your life. Not only will you have a mark on your criminal record, but you could also lose your job, professional license and access to federal student aid and other government assistance. Don’t let this happen to you. Contact legal representation if you have been arrested or charged with marijuana possession with intent to sell.

Attorney for Marijuana Possession with Intent to Sell in Texas

Were you arrested or charged with possession with intent to sell?  Did you have no intention to sell the drug but were charged anyway? If so, contact Law Offices of David Sloane, PLLC. David Sloane is a highly respected and sought after marijuana defense attorney. He is dedicated to his clients and willing to do whatever it takes to achieve the best outcome for you.

Call (817) 810-0088 to schedule a time to speak with David Sloane about your case. Law Offices of David Sloane, PLLC defends those accused of marijuana crimes in counties across North-Central Texas such as Dallas County, Tarrant County, Wheeler County, Armstrong County, Donley County and Hall County.

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Possession vs. Possession with Intent

Possession and possession with intent to sell both involve elements of possession, but a few factors set them apart. But first, you can’t define possession with intent without first defining possession.  Possession of marijuana involves being in actual or constructive control of the plant.

Actual possession involves having the marijuana on your person. This can include having the plant in your pockets or in a bag you are carrying. Constructive possession, though, is a bit trickier. This form of possession doesn’t involve having marijuana on your person but in a location you have exclusive control over. Having marijuana in a lock box you have the keys to, or having it in the glove box of your car are both considered constructive possession.

What sets possession apart from possession with intent is the amount and context of the marijuana. Typically, charges for possession involve less than four ounces of the plant. Any more than four ounces and law enforcement may assume you indented to sell the drug. Other factors that could lead to charges for possession with intent to sell include having the plant divided in various bags, being found with large amounts of cash and possession of paraphernalia associated with dealing like a scale.

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Penalties for Marijuana Possession with Intent to Sell

Texas does not have a charge for marijuana possession with intent to sell. Instead, you will be charged with marijuana delivery. The extent of the charges will depend on the amount found in your possession.

Listed in the table below are the penalties for marijuana delivery in Texas.

AmountChargeJail/Prison TimeFine
¼ oz. or less. No money received in exchangeClass B MisdemeanorUp to 180 days$2,000
¼ oz. or less. Money received in exchangeClass A misdemeanorUp to 1 year$4,000
More than ¼ oz. but less than 5 lbs.State jail felony180 days – 2 years$10,000
More than 5 lbs. but less than 50 lbs.Second-degree felony2 years – 20 years$10,000
More than 50 lbs. but less than 2,000 lbs.First-degree felony5 years – 99 years or life$10,000
More than 2,000 lbs.First-degree felony10 years – 99 years or life$100,000


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Additional Resources for Marijuana Possession with Intent to Sell

Texas Controlled Substance Act – Read through the act governing marijuana crimes in Texas. You can learn about marijuana crimes such as possession or delivery and find out which drugs are scheduled in which penalty groups. The act can be read on the Texas Constitution and Statutes website.

Texas NORML Chapter – Visit the official page for the Texas NORML chapter. You can gain access to local chapter information, news about marijuana legalization and a collection of the state’s marijuana laws. NORML, the National Organization for the Reform of Marijuana, is a non-profit group leading the fight for marijuana legalization in the United States.

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Lawyer for Marijuana Possession with Intent to Sell in Texas

By viewing this page, you are already considering an attorney to defend the charge against you. Take the next step and contact Law Offices of David Sloane, PLLC.  David Sloane has over 20 years of experience defending marijuana crimes in Texas. He will use this experience to your advantage and formulate a defense plan in your best interest.

Call (817) 810-0088 to schedule a confidential consultation. Law Offices of David Sloane, PLLC proudly defends clients of marijuana crimes in counties across North-Central Texas including Tarrant County, Dallas County, Hardeman County, Wilbarger County and many others.

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This article was last updated on Wednesday, February 6, 2019.