Delivery of Marijuana in Texas | Fort Worth Defense

Delivery of Marijuana

In October 2015, Gallup polls reported that 58% of Americans favored the legalization of marijuana. The following year, Gallup released a poll showing 33 million Americans smoked marijuana. (Compare this to 40 million cigarette smokers.) Recently, a Pew Research Center study shows an astonishing 68% of officers support the legalization or decriminalization of marijuana. Marijuana nonetheless remains illegal in Texas, and if you are facing a possession charge, a Fort Worth marijuana lawyer can help.

While possession of marijuana for personal or medical use becomes legal in a growing number of states in the United States, and jurisdictions in Texas decline prosecution of these charges, one thing is clear: the sale and delivery of marijuana is not expected to become legal in Texas anytime soon.

If you are looking to understand the penalties for the delivery of marijuana in Fort Worth, or if you have been charged with an offense, reach out to a skilled attorney for assistance.

Is it legal to grow marijuana in Texas?

No. Growing marijuana will subject you to charges for possession of marijuana. Selling marijuana will result in charges for the delivery of marijuana.

Delivering Marijuana

Marijuana, under the Texas Health and Safety Code, is defined to include the “plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds.” Tex. Health & Safety Code § 481.002 (26). The term “deliver” encompasses the sale of marijuana. Under the Texas Health and Safety Code, to “deliver” also includes the transfer of marijuana to another. The transfer can be an actual transfer or a constructive transfer. Tex. Health & Safety Code § 481.120. A constructive transfer involves an indirect transfer where the person delivering still allows for a change of possession, such as keys to a car or hotel room where the marijuana is located. Even taking all the steps to secure a transaction may be enough to satisfy this element. Torres v. State, 667 S.W.2d 190, 194 (Tex. App.—Corpus Christi 1983)

Under Texas Health & Safety Code § 481.120, a person commits the offense of Delivery of Marijuana if they knowingly or intentionally deliver marijuana. The punishment becomes more severe depending on the amount of marijuana involved. Punishment can also vary depending on whether a payment took place. These charges impose stricter sentences for a smaller amount of marijuana than a similar possession charge.

For more information, please reference Tex. Health & Safety Code § 481.002 (26) and § 481.120.

Delivery of Marijuana in a Drug-Free Zone

If the delivery of marijuana takes place within a drug-free zone, such as within 1,000 feet of a school, playground, or public or private youth center, the punishment for the crime will increase by one level. For instance, under Texas Health & Safety Code § 481.134, a state jail felony delivery taking place in a drug-free zone will become a third-degree felony with corresponding punishments and sentences. Additionally, under Texas Health & Safety Code § 481.122, delivering marijuana to a person under 18 years of age or who is enrolled in a primary or secondary school has committed a second-degree felony.

For more information, please reference Tex. Health & Safety Code § 481.134 and § 481.122.

Penalties for Delivery of Marijuana in Texas

Delivery of marijuana is punished under Texas Health & Safety Code § 481.120, and the punishment turns on the amount and whether money changed hands:

• ¼ ounce or less, no payment: Class B misdemeanor — up to 180 days in jail.
• ¼ ounce or less, for payment: Class A misdemeanor — up to 1 year in jail.
• More than ¼ ounce to 5 pounds: State jail felony — 180 days to 2 years.
• 5 to 50 pounds: Second-degree felony — 2 to 20 years.
• 50 to 2,000 pounds: First-degree felony — 5 to 99 years or life.
• More than 2,000 pounds: Enhanced first-degree felony — 10 to 99 years or life and up to a $100,000 fine.

Because the weight thresholds move the charge from a misdemeanor to a serious felony so quickly, the amount alleged — and how the State proves an actual delivery or an intent to deliver — is usually where these cases are won. THC concentrates are charged separately and more harshly as a Penalty Group 2 controlled substance. For the full statewide picture, see our guide to possession of marijuana in Texas.

Call an Attorney for Help with a Delivery of Marijuana Charge in Fort Worth

If you are looking to protect your rights regarding a delivery of marijuana charge in Fort Worth, reach out to one of our dedicated attorneys today.