Delivery of Marijuana (HSC 481.120)

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute 3 Collateral Consequences 4 Notes

Degree

The degree of offense depends on the amount of marijuana

If the amount is:	Then the offense is a:
1/4 oz or less and the defendant receives money in return for the marijuana	Class B Misdemeanor
1/4 oz or less and the defendant does not receive money for the marijuana	Class A Misdemeanor
1/4 oz - 5lbs	State Jail Felony
5lbs - 50 lbs	Second Degree Felony
50 - 2,000 lbs	First Degree Felony
2,000 lbs or more	First Degree Felony with a punishment range of 10 - 99 years in prison and an optional fine of up to $100,000

Statute

Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA.

(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.
(b) An offense under Subsection (a) is:
     (1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;
     (2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;
     (3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;
     (4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;
     (5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and
     (6) punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 2.02, eff. Sept. 1, 1994.

Collateral Consequences

Felony Conviction

Felony Drug Conviction

Notes

Why is marijuana measured in imperial units whereas all other drugs are measured using the metric system? And why can't the legislature spell marijuana? I have no idea.

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