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Delivery of Marijuana

Under Texas Health and Safety Code § 481.002(8), the term deliver is defined as “to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.” Texas Health and Safety Code § 481.002(9) defines delivery as the act of delivering. 

When the controlled substance being delivered is marijuana (referred to in the Texas Controlled Substances Act as “marihuana”), an accused can face serious criminal charges. While alleged offenses involving one-fourth of an ounce (commonly referred to as a “quarter”) can result in misdemeanor charges, anything more is usually a felony—and offenses committed in drug-free zones or involving the use of a child can result in enhanced penalties.

Attorney for Delivery of Marijuana Arrests in Georgetown, TX

Were you recently arrested in Central Texas for allegedly delivering cannabis? You will want to contact Law Office of Michael J. Price as soon as possible. 

Michael J. Price is an experienced criminal defense lawyer in Georgetown who defends clients accused of marijuana offenses in Georgetown, Harker Heights, Hutto, Belton, Cedar Park, and many other surrounding areas of Williamson County and Bell County. 

Call (512) 354-1880 right now to have our attorney review your case and discuss all of your legal options during a free, confidential consultation.


Overview of Delivery of Marijuana in Texas


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Delivery of Marijuana Charges in Williamson County

Texas Health and Safety Code § 481.120 establishes that a person commits the crime of delivery of marijuana if he or she knowingly or intentionally delivers marijuana. If the amount of cannabis delivered is one-fourth of an ounce or less and the alleged offender does not receive remuneration for the marijuana, this is a Class B misdemeanor

In all other scenarios, the crime is graded as follows: 

  • One-fourth of an ounce or less — Class A misdemeanor
  • 5 pounds or less but more than one-fourth of an ounce — State Jail Felony
  • 50 pounds or less but more than 5 pounds — Second-Degree Felony; and 
  • 2,000 pounds or less but more than 50 pounds — First-Degree Felony

A delivery of marijuana offense involving more than 2,000 pounds is an ungraded felony offense. Under Texas Health and Safety Code § 481.134(b), a state jail felony can become a third-degree felony, and a second-degree felony becomes punishable as a first-degree felony if the alleged offense is committed: 

  • in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or 
  • in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility. 

Texas Health and Safety Code § 481.134 also states that a Class B misdemeanor becomes a Class A misdemeanor, a Class A misdemeanor becomes a state jail felony, and a state jail felony becomes a third-degree felony is the alleged offense was committed: 

  • in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or 
  • on a school bus. 

Under Texas Penal Code § 71.02, if a person commits or conspires to commit delivery of marijuana with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, he or she commits the crime of engaging in organized criminal activity (EOCA) and the offense is classified one category higher than the most serious offense that was committed.


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Delivery of Marijuana Penalties in Georgetown

Convictions for delivery of cannabis can be punishable as follows: 

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

When an alleged offender is convicted of delivering more than 2,000 pounds of marijuana, a conviction is punishable by a minimum of 10 years up to 99 years of life and a fine of up to $100,000. Additionally, Texas Health and Safety Code § 481.134(c) states that the prison term for any offense involving delivery of 50 pounds or more of marijuana is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed: 

  • in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or 
  • on a school bus.

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Delivery of Marijuana Resources in Texas

Texas Laws & Penalties | National Organization for the Reform of Marijuana Laws (NORML) — NORML is a nonprofit public-interest advocacy group with the mission “to move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high-quality marijuana that is safe, convenient and affordable.” On this section of the NORML website, you can learn more about penalties for marijuana sale offenses as well as delivery crimes involving hash and concentrates. You can also find information about Texas NORML chapters, arrests, and crop data. 

Medical cannabis company makes first delivery to a Texas patient — On February 1, 2018, a 6-year-old girl suffering from a rare form of epilepsy received an order of medical cannabis from Cansortium Texas, marking the first such delivery from its Schulenburg dispensary. According to the Austin American-Statesman, Cansortium received the first license from the Texas Department of Public Safety (TxDPS) to grow, process and sell a form of non-psychoactive medical cannabis. Another dispensary, Compassionate Cultivation in Austin, received the second license and said it would have products available for sale to qualifying epilepsy patients in the state.


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Find a Delivery of Marijuana Defense Lawyer in Georgetown, TX

If you were arrested for allegedly delivering cannabis in Central Texas, it is in your best interest to retain legal counsel before making a statement to authorities. Law Office of Michael J. Price represents individuals in communities throughout Williamson County and Bell County, such as Round Rock, Leander, Killeen, Temple, Taylor, and several others.

Georgetown criminal defense attorney Michael J. Price can fight to possibly get your criminal charges reduced or dismissed. He can provide an honest and thorough evaluation of your case as soon as you call (512) 354-1880 or complete an online contact form to schedule a free initial consultation



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