image for delivery of marijuana

Delivery of Marihuana

The Delivery of Marihuana crime in the state of Texas gives police the right to arrest you if they believe you intentionally deliver marihuana. Learn more detailed information about the Delivery of Marihuana offense below.

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

Delivery of Marihuana is classified in the Texas Health and Safety Code under Title 6 “Foods, Drugs, Alcohol, and Hazardous Substances”, Chapter 481 “Texas Controlled Substances Act.”

What is the law in Texas about Delivery of Marihuana?

The offense is described in Section 481.120 of the Texas Health and Safety Code Code.

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

So what does it mean to “deliver” marihuana? It is not defined in the statute, but it means something along the lines of distributing or selling it. 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 Delivery of Marihuana?

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 punishment for Delivery of Marihuana?

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,1 with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors

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,2 with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year.

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,3 with a maximum possible fine under Texas state law of up to $10,000 and jail time of up to two years.

If the amount delivered is 50 pounds or less but more than 5 pounds, a conviction for Delivery of Marihuana is punished as a Third Degree Felony,4 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 10 years.

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 Second Degree Felony,5 with a maximum possible fine under Texas state law of up to $10,000 and prison time of up to 20 years.

If the amount delivered is more than 2,000 pounds, a conviction for Delivery of Marihuana is punished as a First Degree Felony,6 with a maximum possible fine under Texas state law of up to $100,000 and possibly life in prison.


Legal References:

1 Texas Health and Safety Code Section 481.120(b)(1)

2 Texas Health and Safety Code Section 481.120(b)(2)

3 Texas Health and Safety Code Section 481.120(b)(3)

4 Texas Health and Safety Code Section 481.120(b)(4)

5 Texas Health and Safety Code Section 481.120(b)(5)

5 Texas Health and Safety Code Section 481.120(b)(6)

Published by Criminal Defense Attorney on and last modified