Even as the public’s view of marijuana grows more accepting, states like Texas haven’t loosened up on their punishment laws. Although certain medicinal concentrates have been approved in Texas, they are restricted by medical authorization and amounts.
Regular marijuana plants are still illegal in Texas and their delivery is a serious crime. The long-term repercussions of a delivery of marijuana charge include probation, criminal record, job loss, and societal rejection. If you get reprehended for the delivery of marijuana, you must seek out a qualified marijuana defense attorney to help you combat these charges.
Even a small amount of marijuana can result in an apprehension under Texas law. If you are facing charges regarding the delivery of marijuana, you must hire a team of criminal defense attorneys specializing in marijuana defense who can defend you well under a court of law. The penalties for this charge tend to be severe, and you need someone who knows the ins and outs of Texas marijuana laws.
At The Gonzalez Law Group, every attorney is determined to give their all in each one of the cases. Our firm has years of experience dealing with marijuana cases in Texas. You need to contact them for a free consultation by calling (832) 530-4070.
Delivery of Marijuana Overview
What is “Delivery of Marijuana”?
Delivery of marijuana, according to the Texas Health and Safety Code Section 481.120, is a crime that occurs when someone delivers marijuana to another person. This can include selling or doing some kind of transaction of controlled substances. As with all drug-related crimes in Texas, delivery of marijuana has severe consequences.
Around the start of the War on Drugs, a series of laws were passed across the nation that instituted “Drug-free Zones.” Centered around shielding children from the harmful effects of drug use and abuse, these laws serve to enhance the standard penalties for crimes such as possession, delivery of a controlled substance, and various other drug-related charges.
The punishments for these drug-free zones are added to the minimum sentence for delivery of marijuana. It is drug-related charges that occur in, on, or within 1000 feet (or 300ft for public pools or arcades) of Drug-Free Zones will have the degree of felony heightened. If you are arrested for delivering anywhere from ¼ oz to 5 lbs of marijuana in a Drug-Free Zone, what would have been a state jail felony outside of the zone now becomes a third-degree felony. If the amount of marijuana is between 5 and 50lbs, the normal charge of second-degree delivery of marijuana will become a first-degree felony.
Texas laws are harsh on drugs, and even more punishable on drug-related crimes in established Drug-Free Zones. If you have been charged with or suspected of delivery of marijuana, whether inside or outside of a Drug-Free Zone, in the State of Texas, it’s vitally important that you obtain professional legal assistance right away.
Delivery of Marijuana Punishments
To be convicted with a delivery of marijuana charge, the person being charged had to “knowingly” or “intentionally” deliver marijuana. Although the punishments for marijuana are a bit lighter than some other more serious control substances, they still include harsh punishments. The following are potential punishments for delivery of marijuana:
Minimum: no more than 180 days in jail; fine of no more than $2,000 or both
Maximum: Texas Department of Criminal Justice (TDC) confinement for life or 10-99 years; fine of no more than $100,000
Delivery of marijuana is a particularly serious iteration of marijuana-related drug charges, as the law prescribes that individuals charged with this crime had the intention of, or were actively pursuing, “dealing” marijuana. This is sufficiently different than possession of marijuana. While both crimes can harbor serious consequences, delivery of marijuana is a more serious charge than possession.
Chapter 481 of the Texas Health and Safety Code– This is the official website that houses the Texas statutes regarding Delivery of Marijuana as well as other drug-related charges. It is always helpful to read the actual state law regarding the crime you have been charged with, as it might help you to better understand the particular circumstances of your case.
Drug-Free Zone Laws: An Overview of State Policies– This file details some of the history and policy behind various state laws regarding Drug-free Zones, including the laws specific to the State of Texas.
Attorney for Marijuana Charges in Harris County, TX
At The Gonzalez Law Group, the team of attorneys dealing with drug charges has years of experience to fall back on. When you schedule a consultation with our firm, we will analyze your case and tell you what steps are next. If we take your case, you can rest assured you’ll be in the right hands.