Delivery of Marijuana

Texas Health and Safety Code § 481.002(8) defines “deliver” as meaning “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.” While possession of smaller amounts of cannabis (four ounces or less) can often result in misdemeanor charges in Texas, the limits are much lower for alleged marijuana delivery crimes to become felony offenses (anything more than a quarter-ounce).

Delivery of marijuana (referred to in the Texas Controlled Substances Act as “marihuana”) is a crime that can carry a multitude of immediate and long-term consequences for alleged offenders. If the alleged party who cannabis was delivered to happens to be a child, the criminal charges may be enhanced.

Attorney for Delivery of Marijuana Arrests in Conroe, TX

If you were arrested for allegedly delivering cannabis anywhere in Montgomery County or Harris County, it is in your best interest to seek legal representation as soon as possible. Evans & Powell, PLLC aggressively defends clients accused of marijuana crimes in Patton Village, The Woodlands, Pinehurst, Shenandoah, Willis, Oak Ridge North, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense lawyers in Conroe who will work tirelessly to help you achieve the most favorable resolution to your case that results in the fewest possible penalties. Call (936) 622-2000 right now to have our attorneys review your case and help you understand all of your legal options during schedule a free, confidential consultation.


Overview of Marijuana Delivery Arrests in Montgomery County


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Delivery of Marijuana Charges in Texas

A person commits the offense of delivery of marihuana under Texas Health and Safety Code § 481.120 if he or she knowingly or intentionally delivers marijuana. Texas Penal Code § 6.02(d) establishes that culpable mental states are classified according to relative degrees, from highest to lowest, as follows: Intentional; knowing; reckless; and criminal negligence. Proof of a higher degree of culpability than the degree charged constitutes proof of the culpability charged.

Knowingly and intentionally are defined as follows under Texas Penal Code § 6.03:

  • A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
  • A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

Delivery of marijuana offenses are classified as follows according to the amount of cannabis involved in an alleged offense:

  • One-fourth ounce or less without remuneration (reward or pay) — Class B misdemeanor;
  • One-fourth ounce or less with remuneration — Class A misdemeanor;
  • 5 pounds or less but more than one-fourth ounce — State Jail Felony;
  • 50 pounds or less but more than 5 pounds — Third-Degree Felony;
  • 2,000 pounds or less but more than 50 pounds — Second-Degree Felony; or
  • More than 2,000 pounds — First-Degree Felony.

Texas Health and Safety Code § 481.122 also makes it a second-degree felony for an alleged offender to knowingly deliver marijuana to a person who is a child (defined as a person younger than 18 years of age), who is enrolled in a public or private primary or secondary school, or who the alleged offender knows or believes intends to deliver the cannabis to a person who is a child or who is enrolled in a public or private primary or secondary school.

Under Texas Health and Safety Code § 481.122(b), it is an affirmative defense to prosecution for delivery of controlled substance or marihuana to child that the alleged offender was a child when the alleged offense was committed, or the alleged offender was younger than 21 years of age when the alleged offense was committed, delivered only marijuana in an amount equal to or less than one-quarter ounce, and did not receive remuneration for the delivery.


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Montgomery County Marijuana Delivery Penalties

Delivery of cannabis crimes are subject to some very stiff sentences for alleged offenders should they be convicted. In addition to having driver’s licenses suspended for 180 days, people convicted of these offenses can also face the following punishments depending on the grade of the alleged offenses:

  • Class B Misdemeanor — Up to 180 days in jail and/or a fine up to $2,000;
  • Class A Misdemeanor — Up to one year in jail and/or a fine up to $4,000;
  • State Jail Felony — Up to two years in state jail and/or a fine up to $10,000;
  • Second-Degree Felony — Up to 20 years in prison and/or a fine up to $10,000; or
  • First-Degree Felony — Up to 99 years or life in prison and/or a fine up to $10,000.

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Texas Resources for Delivery of Marijuana

Texas Cannabis Industry Association (TCIA) — TCIA is a nonprofit organization that “promotes and works to ensure the favorable social, economic and legal environment necessary for a legitimate and responsible cannabis industry in Texas.” Visit this website to learn more about TCIA’s team and its partners. You can also find information about different membership options.

Texas Cannabis Report — Texas Cannabis Report launched in June 2013 “as a news source for all things cannabis related in and concerning Texas.” Find recent Texas news relating to marijuana on this website as well as a list of upcoming cannabis events. You can also find additional information about state legislation concerning cannabis.


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Evans & Powell, PLLC | Conroe Delivery of Marijuana Defense Attorney

Were you recently arrested in Montgomery County or Harris County for alleged delivery of cannabis? You should avoid making any kind of statement to authorities until you have legal counsel. Contact Evans & Powell, PLLC right now.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent individuals all over Montgomery County and Harris County, including Porter Heights, Magnolia, Woodbranch, Panorama Village, Splendora, Cut and Shoot, and several other nearby communities. You can have our lawyers provide a complete evaluation of your case when you call (936) 622-2000 or fill out an online contact form to set up a free initial consultation.


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