Delivery of Marijuana Defense Attorney

Penalties for Delivery of Marijuana in Texas

The consequences of a conviction can be life-changing. Texas has some of the strictest marijuana laws in the U.S., and even a minor charge can impact your future.

• Misdemeanor penalties – Fines up to $4,000 and jail time up to 1 year.
• Felony penalties – Sentences ranging from 180 days to life in prison, depending on the weight of marijuana involved.
• Additional consequences – Loss of job opportunities, housing restrictions, and permanent criminal records.

Common Defenses Against Marijuana Delivery Charges

If you’ve been accused of delivering marijuana, you have options. Our legal team examines every detail of your case to find the best defense strategy, such as:

• Lack of evidence – The prosecution must prove beyond a reasonable doubt that you knowingly delivered marijuana.
• Unlawful search and seizure – If your rights were violated during the investigation, evidence may be inadmissible.
• Entrapment – If law enforcement pressured you into delivering marijuana, your charges may be dismissed.
• Mistaken identity – If you were falsely accused or misidentified, we will work to clear your name.

Factors That Can Influence Your Case

Each case is unique, and several factors can impact the outcome, including:

• Quantity of marijuana involved – The larger the amount, the more severe the penalties.
• Intent – Was the delivery intentional, or was there a misunderstanding?
• Criminal history – Prior offenses can increase penalties.
• Location of the alleged offense – Delivering near schools or certain areas can lead to harsher consequences.

Texas Marijuana Laws and Recent Legal Changes

Texas has some of the strictest marijuana laws in the country. While many states have legalized marijuana for medical or recreational use, Texas still considers it illegal, with severe penalties for possession and delivery.

Recent legal changes include:

• Hemp Legalization (2019) – Texas legalized hemp, which contains less than 0.3% THC. However, this has led to confusion in marijuana-related arrests since law enforcement often struggles to differentiate between legal hemp and illegal marijuana.
• Medical Marijuana Expansion – Texas has a limited medical marijuana program under the Compassionate Use Act, allowing low-THC cannabis for certain conditions. However, recreational marijuana remains illegal.
• Potential Future Reforms – Some lawmakers have proposed decriminalization or reducing penalties for small amounts of marijuana, but no major changes have been made yet.

If you’re facing a marijuana delivery charge, it’s important to understand how these laws affect your case. An experienced attorney can help navigate any legal gray areas.

The Role of Intent in Marijuana Delivery Cases

In Texas, the prosecution must prove that you knowingly and intentionally delivered marijuana. Simply being in possession of marijuana does not automatically mean you were trying to distribute it.

Key factors prosecutors consider:

• Direct Sales or Exchanges – If money or goods were exchanged for marijuana, it strengthens the case for delivery charges.
• Large Quantities – Having more than a personal-use amount may suggest intent to distribute, even if no actual transaction took place.
• Packaging and Paraphernalia – Items like baggies, scales, or ledgers can be used as evidence of intent to sell.
• Witness Testimonies or Communications – Text messages, phone calls, or undercover operations can be used to prove intent.

If intent cannot be proven beyond a reasonable doubt, charges may be reduced or dismissed. A strong legal defense can challenge weak or circumstantial evidence.

Marijuana Delivery vs. Simple Possession: Key Differences

While both offenses are serious, delivery charges carry much harsher penalties than possession.

• Possession (Under 2 Ounces) – A Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.
• Delivery (Any Amount with Payment) – A Class A misdemeanor or felony, depending on the amount, with penalties starting at up to 1 year in jail and increasing to decades in prison.

Even if you weren’t selling marijuana, giving it to someone else can still be considered delivery. Understanding the difference is crucial in building a defense.

How We Can Help

At Tisdell Law Firm, we fight aggressively for our clients, using our deep knowledge of Texas marijuana laws to build the strongest possible defense. We provide: 

• Comprehensive case analysis – We investigate every aspect of your case.
• Negotiation for reduced charges – If possible, we seek alternatives such as probation or diversion programs.
• Trial representation – If necessary, we will take your case to court and fight for your rights.