Marijuana is a commonly used drug in Texas. Like many other drugs, however, it is
considered a controlled substance under Texas law, meaning it is generally
illegal to use, possess, deliver or
grow marijuana in the state. A recent post in this blog discussed the penalties for possession
of marijuana in Texas. This post will discuss the penalties for sale or
delivery, which are generally more severe. While the following information
is for general use only and is not legal advice, it should give you some
idea of the severity of the laws regarding dealing marijuana in Texas.
The penalties for delivery of marijuana depend on the amount delivered
and in some cases whether or not the person delivering it received remuneration,
i.e., money in return. The delivery of a quarter once or less of marijuana,
without remuneration, is a Class B misdemeanor, punishable by a fine of
$2,000 or less, and a jail sentence of up to 180 days. At the other end
of the spectrum, delivery of more than 2,000 pounds of marijuana is a
first-degree felony and can result in a sentence of anywhere from ten
years to life in prison and a fine of up to $100,000.
Get the Help You Need to Fight Your Charges
The penalties for marijuana delivery in Texas are severe. Any individual
who is accused of this offense should wage an aggressive defense against
the accusations. It is the prosecution's burden to prove beyond a
reasonable doubt that the defendant committed the crime. This is a difficult
burden to meet. With the help of an experienced criminal defense attorney,
it is often possible to find inconsistencies in the prosecution's
evidence and use those inconsistencies to create reasonable doubt as to
guilt. An aggressive defense could mean the difference between a lengthy
prison sentence and walking away free.
Contact The Law Offices of Jed Silverman if you are facing charges. Our
Houston drug crime lawyer is a Board Certified Criminal Law Specialist
(Texas Board of Legal Specialization - Criminal Law) and is prepared to
review your case for free.
Source: Tex. Tex. Health & Safety Code Â§Â§ 481.120 - .121