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.
Attorneys for Sale of Marijuana Defense in San Antonio, 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.
If you find yourself charged with a marijuana-related offense including the delivery or sale or marijuana then contact an experienced attorney at Goldstein & Orr. 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.
Attorneys at the firm have been asked to speak at NORML’s legal seminars numerous times throughout the years. In addition, the National Legal Committee of NORML awarded attorney Gerry Goldstein with its highest honor, the Al Horn Memorial Award for Lifetime Achievement, in December 1999.
Our attorneys fight these cases aggressively in the courts throughout San Antonio, Bexar County and the state of Texas. The best defense often involves filing and litigating all viable motions to suppress evidence or statements. 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.
For any marijuana crime, a good defense requires filing and litigating motions to contest the legality of the search, as well as the sufficiency of the evidence. Contact the attorneys at Goldstein & Orr to discuss your case.
Overview of Marijuana Delivery Laws
- Penalties for the Sale of Marijuana in Texas
- Penalties for the Delivery or Sale of Marijuana to a Child
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 marihuana 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, without remuneration is a 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, with remuneration is a Class A misdemeanor, punishable by a fine of up to $4,000 and up to one year in jail.
- Seven grams to five pounds is a 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. is punishable as a 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 is a 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 is an 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.
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.
Finding a Lawyer for the Sale of Marijuana in Bexar County
If you are 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. The best result often comes from filing and litigating all viable motions to suppress evidence obtained from an unreasonable search and seizure.
Call us today at (210) 226-1463 to discuss your best defense and ways to fight for an outright dismissal of the charges.
This article was last updated on Friday, November 22, 2017.