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Delivery of Marijuana

The Health & Safety Code, Texas Controlled Substances Act § 481.120, deals with delivery of marijuana. It is just like possession of marijuana, except that there is a delivery element involved. In other words, it completely alters the charge, and more specifically, the punishment.

You need to be prepared to fight this case all the way. The stakes are higher here. The punishment is more severe and the DA will prosecute these cases more vigorously as they are trying to clean up the city and get rid of the “drug dealers”. That is why now is not the time to hire the attorney who will do nothing more than plead you guilty and move on to the next client, who’s fate will ultimately be the same.

The punishment ranges and the varying amounts are depicted in this chart to help explain the range of punishment for the corresponding delivery amounts.

Delivery of Marijuana Punishment Chart


Delivery AmountPunishment Range
More than 2,000 lbs.10 to 99 years or life in prison and up to a $100,000.00 maximum fine
50 lbs. to 2,000 lbs.1st Degree Felony
5 lbs. to 50 lbs.2nd Degree Felony
¼ oz. to 5 lbs.State Jail Felony
¼ or less and remunerationClass A Misdemeanor
¼ or less and no remunerationClass B Misdemeanor

Typically you will not be dealing with misdemeanor delivery cases. Most law enforcement agents are not as concerned with the neighborhood drug dealer who is selling dime bags to other kids. They focus their energy on the dealers farther up the food chain that are involved with dealing much bigger amounts.


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