Delivery of Marihuana

For purposes of the Texas statutes prohibiting the delivery of marijuana, the term “delivery” means the actual or constructive transfer from one person to another of a controlled substance, whether or not there is an agency relationship. The penalties for marijuana crimes can range from a Class B Misdemeanor to a First Degree Felony. 

Attorney for Marijuana Delivery Crimes in San Antonio, TX

Don Flanary is experienced in representing clients charged with a wide range of controlled substances offenses throughout the greater San Antonio area including Bexar County and the surrounding county of Kendall County, Comal County, Guadalupe County, Wilson County, Atascosa County, Medina County, and Bandera County in Texas.

Call (210) 738-8383 today to discuss your case with an experienced drug crime defense attorney at Flanary Law Firm, PLLC focused on the defense of marijuana crimes. Call to speak directly with Don Flanary about your felony or misdemeanor case during a free and confidential consultation.


Penalties for the Delivery of Marijuana in Texas

The penalties for the delivery of marihuana under Health and Safety Code, Sec. 481.120 include:

  • Class B Misdemeanor: 1/4 of an ounce or less and no remuneration is received by deliverer
  • Class A Misdemeanor: 1/4 ounce or less and deliverer receives remuneration
  • State Jail Felony: Over 1/4 ounce and less than 5 pounds
  • Second-Degree Felony: Over 5 pounds but less than 50 pounds
  • First-Degree Felony: Over 50 pounds but less than 2,000 pounds
  • 10-99 years or life and a fine not to exceed $100,000: 2,000 pounds or more

Definition of Marihuana in Texas

Under Texas law, the term “marihuana” is defined as the plant Cannabis sativa L., whether growing or not, the seeds of that plant, and every compound, manufacture, salt, derivative, mixture, or preparation of that plant or its seeds. The term marijuana does not include:

  • the sterilized seeds of the plant that are incapable of beginning germination; 
  • a compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake;
  • oil or cake made from the seeds of the plant;
  • the mature stalks of the plant of fiber produced from the stalks;
  • the resin extracted from a part of the plant or a compound, manufacture, salt, derivative, mixture, or preparation of the resin. 

Attorney for Marihuana Delivery Crimes in Bexar County, TX

If you were charged with the intentionally or knowingly deliver by actual or constructive transfer, of marijuana, then call an attorney at Flanary Law Firm, PLLC.

One of the most commonly charged crimes for delivery of marijuana involves one fourth of an ounce or less seen if the defendant did not receive remuneration for the marihuana. More serious penalties apply for larger amount including:

  • one fourth of an ounce or less and the defendant received remuneration for the marihuana;
  • more than one fourth of an ounce but less than five pounds;
  • more than five pounds but less than fifty pounds;
  • more than fifty pounds but less than two thousand pounds;
  • 2,000 pounds or more. 

Call (210) 738-8383 today for a free and confidential consultation.


This article was last updated on Thursday, December 29, 2016.