Providing drugs to a child, whether by sale or gift, is punishable separate from drug dealing in general, and as such, can be charged and punished separately. Drugs include (but are not limited to) opiates, opium derivatives, cocaine, methamphetamine, LSD, hallucinogenic substances, and marijuana.
There are two courses of conduct that may result in criminal charges. If an adult “delivers” (in other words, gives, sells, or otherwise provides) drugs to a child who is in school, this is criminal conduct. Alternatively, if the person provides drugs to another person who intends to deliver them to a child, they may also be criminally culpable. In this instance, the actor must either know or believe the middle man intends to deliver the drugs to a child.
There are other defenses to this crime. If the person delivering the drugs is not an adult, this is a defense to Delivery of Drugs to Child although this is not a defense to any other charges that may include drug dealing. Additionally, if the person delivering drugs is under the age of 21, only provided marijuana is a small amount (less than one – fourth ounce) and did not sell the drugs to the child, or receive other compensation, this is a defense.
Delivery of drugs to a child is an offense classified as a felony in the second degree. Felonies in the second degree are very serious, carrying penalties including a $10,000 fine, up to 20 years in prison, but not less than two years in prison, or both.
If you are being investigated for, or were charged with delivery of drugs to a child in Fort Worth, it might be crucial to reach out to an attorney for legal help with your case.
For more information, please reference the Health and Safety Code 481.122