Delivery of Marijuana

Laws regarding marijuana are being amended and changed in cities and states throughout the country. However, San Antonio and Texas laws still make marijuana an illegal substance. This means it is illegal to possess the substance and, of course, sell the drug to another person. If you are caught in possession of marijuana, often times law enforcement officers can argue you intended to sell the substance.

Texas law provides for harsh penalties for the sale or delivery of marijuana. A conviction for delivery of marihuana could mean jail or prison sentences, steep fines, loss of a driver’s license, a criminal record and an inability to pursue certain jobs, professions or educational opportunities.

San Antonio Sale of Marijuana Attorney, TX

If you have been charged with the sale or delivery of marijuana in San Antonio, contact an experienced marijuana defense attorney at Goldstein & Orr. Many of these cases involve sting operations with confidential informants and undercover officers. The attorneys can examine all evidence in the case and fight to get the charges dismissed.

The attorneys at Goldstein & Orr not only fight individual cases, but we are active in the National Legal Committee of NORML, an organization that advocates for the reform of marijuana laws throughout the state of Texas and the United States. We can examine all evidence in the case and fight to get your charges dismissed.

Our attorneys fight these cases aggressively in the courts throughout San Antonio, Bexar County and the state of Texas. Many of these cases involve unreasonable and illegal searches and seizures that should be thoroughly contested in court. Call (210) 226-1463 for a free consultation.


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Penalties for the Sale of Marijuana in Texas

Penalties for delivery of marijuana charges are set out in Texas Penal Code Annotated § 481.120, and the penalties for delivery of a controlled substance or marijuana to a child are explained in Texas Penal Code Annotated § 481.122.

The penalties and punishments for the sale of marijuana depend on several factors, including the amount of cannabis sold or delivered under the following schedule:

  • Seven grams of marijuana or less – Class B misdemeanor, punishable by a fine of up to $2,000 and up to 180 days in jail.
  • Seven grams of marijuana or less – Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail.
  • Seven grams to five pounds – State jail felony, punishable by a fine not to exceed $10,000 and a maximum of two years imprisonment with a mandatory minimum sentence of 180 days imprisonment.
  • Five pounds to 50 pounds – Second-degree felony, punishable by a fine not to exceed $10,000 and a maximum sentence of 20 years imprisonment with a mandatory minimum sentence of two years imprisonment.
  • Fifty pounds to 2,000 pounds of marijuana – First-degree felony, punishable by a fine not to exceed $10,000 and a maximum sentence of life imprisonment with a mandatory minimum sentence of five years imprisonment.
  • More than 2,000 pounds – Enhanced first-degree felony with a fine not to exceed $100,000 and a maximum sentence of life imprisonment with a mandatory minimum sentence of 10 years in prison.

Because the penalties and punishments depend on the amount of marijuana delivered, in many of these cases, the criminal defense attorney will use expert witness testimony to contest the weight alleged by the prosecutor.


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Penalties for the Delivery or Sale of Marijuana to a Child

Any allegation of the delivery or sale of marijuana to a child can be charged as a second-degree felony with a fine of up to $10,000 and a maximum sentence of 20 years imprisonment. The mandatory minimum sentence for this offense is two years imprisonment.

A child, under Texas law, is considered any person who is either under the age of 18 or a person enrolled in a public or private primary or secondary school. The charge does not require the exchange of money. For instance, an adult who passes a joint to a 17 year old can be charged with this felony in the second degree.

The offense does not apply if the person accused also is under the age of 18. Additionally, if the person charged is under the age of 21 years old, and the amount of marijuana delivered is 3.5 grams or less (without the exchange of money or other consideration) then this second-degree felony charge does not apply.


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Additional Resources

CDC: Health Effects of Marijuana –  Access the Centers for Disease Control and Prevention (CDC) to learn more about the health effects of marijuana. Learn how marijuana can affect your driving skills, lung health, pain, brain health, and mental health. You can read about how teens are affected by cannabis.

SAMHSA: Marijuana Risks: Access the Substance Abuse and Mental Health Services Administration to learn about the risks of marijuana. Read about marijuana use and pregnancy and the rise of marijuana use.


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Bexar County Sale of Marijuana Lawyer, TX

If you have been charged with any crime of delivery or sale of marijuana, contact an experienced cannabis defense attorney at Goldstein & Orr to discuss your case. Although the penalties and punishments are harsh, important defenses exist in these cases. Gerry Goldstein carries and his legal team have been aggressively defending clients throughout Texas since 1968.

Call us today at (210) 226-1463 to discuss your defense and ways to fight for an outright dismissal of the charges.Goldstein & Orr accepts clients in the greater San Antonio metropolitan area and nearing cities such as Schertz, Sandy Oaks, Universal City, Live Oak, Selma, New Braunfels, Timberwood Park, Converse, Castle Hills, Balcones Heights, Olmos Park, Windcrest, Leon Valley, and Elmendorf.

Mr. Goldstein also serves individuals throughout Bexar County, TX including nearby areas including Live Oak, Kirby, Converse, Leon Valley, Seguin, Hondo, Kyle, Kerrville, San Marcos, New Braunfels, Schertz, Canyon Lake and Pleasanton.


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