Delivery of Marihuana: Texas Health and Safety Code §481.120

The Texas Delivery of Marihuana law gives police the right to arrest you if they believe you intentionally delivered marijuana.

State law uses the spelling “marihuana” (with an “H”) instead of “marijuana” (with a “J”), but we use the “marijuana” spelling throughout this article.

The Texas legislature codified this criminal offense in Texas Health and Safety Code Section 481.120. The law was updated in 2023 by creating a new penalty level that applies to delivery of 2,000 or more pounds of marijuana.

The Health and Safety Code classifies the Texas Delivery of Marijuana law under Title 6 “Food, Drugs, Alcohol, and Hazardous Substances,” Chapter 481 “Texas Controlled Substances Act.” Learn more about the Texas offense of Delivery of Marihuana below.

What is the current Texas law about Delivery of Marihuana?

Texas law currently defines the offense of Delivery of Marihuana in Health and Safety Code Section §481.120 as follows:^[1]

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6) a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.

What changed in 2023?

In 2023, the Texas legislature created a new penalty level that applies to delivery of 2,000 or more pounds of marijuana. Under this new amendment, if the amount of marijuana delivered is more than 2,000 pounds, the offense is punished as a first degree felony with a minimum of 10 years in prison and a maximum of 99 years or life, alon with a fine not to exceed $100,000.^[2]

What does Delivery mean?

Although not defined in the statute, “Deliver” means something along the lines of distributing or selling. You don’t have to actually receive money for it to qualify as delivery, although selling it would certainly qualify. “Delivery” is broader than selling.

How can I be charged with a Delivery of Marijuana offense in Texas?

You can be charged with Delivery of Marihuana if the state’s attorneys believe that each of the elements of 481.120 as described in the section above have been met.

What is the statute of limitation for Delivery of Marijuana in Texas?

Misdemeanor level Delivery of Marijuana charges have a two-year limitations period.^[3] Felony level offenses have a three-year limitations period.^[4]

What is the penalty for a Texas Delivery of Marijuana offense?

If the amount delivered is one-fourth ounce or less and the person committing the offense doesn’t receive money for it, then the conviction for Delivery of Marihuana is punished as a Class B misdemeanor, with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.^[5]

If the amount delivered is one-fourth ounce or less and the person committing the offense does receive money for it, then the conviction for Delivery of Marihuana is punished as a Class A misdemeanor, with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.^[6]

If the amount delivered is 5 pounds or less but more than one-fourth ounce, then the conviction for Delivery of Marihuana is punished as a State Jail Felony, with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.^[7]

If the amount delivered is 50 pounds or less but more than 5 pounds, a conviction for Delivery of Marihuana is punished as a Second Degree Felony, with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.^[8]

If the amount delivered is 2,000 pounds or less but more than 50 pounds, a conviction for Delivery of Marihuana is punished as a First Degree Felony, with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 99 years or life in prison.^[9]

Effective as of September 1, 2023, if the amount delivered is more than 2,000 pounds, a conviction for Delivery of Marihuana is punished as a First Degree Felony with a minimum of ten years in prison, and a maximum of up to 99 years or life in prison, along with a possible fine under Texas state law of up to $100,000.^[10]

The Use of Child in Commission of Offense Penalty Enhancement

State jail felony and second degree felony offenses under this subsection may be enhanced under the Use of Child in Commission of Offense penalty enhancement if the the state can prove that you used or attempted to use a child younger than 18 years of age to commit or assist in the commission of the offense.^[11] This enhancement increases the punishment by one degree, unless the defendant used or threatened to use force against the child or another to gain the child’s assistance, in which event the punishment for the offense is a felony of the first degree.^[12]

The Drug-Free Zone Penalty Enhancement

The Texas Drug-Free Zone penalty enhancement applies to this offense. This penalty enhancement applies if the offense was committed: (1) in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of a public or private youth center, or a playground; (2) on a school bus; or (3) by any unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned, rented, or leased by a general residential operation operating as a residential treatment center.^[13]

Under subsection (b) of the Drug-Free Zone penalty enhancement provisions, state jail felony penalty level offenses of Delivery of Marihuana may be enhanced to the third degree felony level, and second degree felony penalty level offenses may be increased to first degree felonies.^[14]

Additionally, the Drug-Free Zone penalty enhancement provisions include enhancements under subsections (c), (d), (e), or (f). Under those provisions, the minimum term of confinement for convictions under subsection (b)(4), (5), or (6) are increased by five years and the maximum fine for the offense is doubled.^[15] Convictions under subsection (b)(3) are enhanced to third degree felonies.^[16] Convictions under subsection (b)(2) are enhanced to state jail felonies.^[17] Convictions under subsection (b)(1) are enhanced to Class A misdemeanors.^[18]

Can you get probation for Delivery of Marijuana in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Delivery of Marijuana, and judges are also allowed to accept deferred adjudication plea deals.^[19]

Note, however, that no matter the offense, neither judges nor juries may recommend community supervision for any suspended sentence of over 10 years.^[20] Also, judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[21]

If the offense is enhanced under the Use of Child in Commission of Offense penalty enhancement, Delivery of Marijuana convictions are not eligible for judge-ordered community supervision.^[22]

Additionally, if you have been previously convicted of an offense for which punishment was increased under the Drug-Free Zone penalty enhancement, convictions for Delivery of Marijuana enhanced under a Drug-Free Zone subsection (c), (d), (e), or (f) penalty enhancement are not eligible for community supervision or deferred adjudication.^[23]

What level of crime is Delivery of Marijuana in Texas?

The Health and Safety Code classification of the punishment for Delivery of Marijuana ranges from a Class B misdemeanor to a first degree felony, depending on the amount of marijuana delivered.

Learn more about the penalty range for this offense in the section above.

---

Legal References:

^1. Texas Health and Safety Code §481.120. This law is current as of 2024.^2. Texas Health And Safety Code §481.120(b)(6), as amended by HB 6, 88th Texas Legislature (RS), Section 15^3. Code of Criminal Procedure 12.02(a)^4. See Code of Criminal Procedure 12.01(9)^5. Texas Health And Safety Code §481.120(b)(1)^6. Texas Health And Safety Code §481.120(b)(2)^7. Texas Health And Safety Code §481.120(b)(3)^8. Texas Health And Safety Code §481.120(b)(4)^9. Texas Health And Safety Code §481.120(b)(5)^10. Texas Health And Safety Code §481.120(b)(6), as amended by HB 6, 88th Texas Legislature (RS), Section 15^11. Texas Health And Safety Code §481.140(a)^12 Texas Health And Safety Code §481.140(a)^13. Texas Health And Safety Code §481.134(b), (c), (d), (e), and (f)^14. Texas Health And Safety Code §481.134(b)^15. Texas Health And Safety Code §481.134(c)^16. Texas Health And Safety Code §481.134(d)^17. Texas Health And Safety Code §481.134(e)^18. Texas Health And Safety Code §481.134(f)^19. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102^20. Art. 42A.053(c), Texas Code of Criminal Procedure^21. Art. 42A.054(b), Texas Code of Criminal Procedure^22. Art. 42A.054(a)(17)(A), Texas Code of Criminal Procedure^23. See Art. 42A.054(a)(17)(B), Texas Code of Criminal Procedure, Art. 42A.056(7), Texas Code of Criminal Procedure, and Art. 42A.102(b)(1)(D), Texas Code of Criminal Procedure