Delivery of Controlled Substance or Marihuana to Child Image

Delivery of Controlled Substance or Marihuana to Child

The Delivery of Controlled Substance or Marihuana to Child crime in the state of Texas gives police the right to arrest you if they believe you give or intend to give marihuana or a controlled substance to a child, anyone who is in pimary or secondary school (even if they are over 18 years old) or another adult who you believe will give marijuana to those people. Learn more detailed information about the Delivery of Controlled Substance or Marihuana to Child offense below. Or learn more about controlled substances and other drug crimes

Have you been charged with Delivery of Controlled Substance or Marihuana to Child? Call criminal lawyer Paul Saputo at (888) 239-9305.

Delivery of Controlled Substance or Marihuana to Child is classified in the Texas Health and Safety Code under Title 6 “Foods, Drugs, Alcohol, and Hazardous Substances”, Chapter 41 “Texas Controlled Substances Act.”

What is the law in Texas about Delivery of Controlled Substance or Marihuana to Child?

The offense is described in Section 481.122 of the Texas Health and Safety Code.

(a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group (PG) 1, PG 1-A, PG 2, or PG 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:

(1) who is a child;

(2) who is enrolled in a public or private primary or secondary school; or

(3) who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).

Under this law, “child” means anyone under 18 years old.

How can I be charged with Delivery of Controlled Substance or Marihuana to Child?

You can be charged with Delivery of Controlled Substance or Marihuana to Child if the state’s attorneys believe that each of the elements of 481.122(a)(1), (a)(2) or (a)(3), as described in the section above, have been met. There is an affirmative defense described in this statute available for you if you were a child when you committed the offense or if you were under 21 years old and gave less than 1/4 ounce of marijuana to a child (and did not charge any money for it).2

What is the punishment for Delivery of Controlled Substance or Marihuana to Child?

A conviction for Delivery of Controlled Substance or Marihuana to Child is punished as a Felony of the Second Degree,3 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years. Learn about the differences between grades of felonies and misdemeanors


Legal References:

1 Texas Health and Safety Code Section 481.122(d)

2 Texas Health and Safety Code Section 481.122(b)

3 Texas Health and Safety Code Section 481.122(c)

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