You’re facing a Delivery of Marijuana charge in Texas. Forget what you think you know from TV and get a dose of reality. This is not a petty offense. In Texas, delivery is a serious crime with penalties far exceeding simple possession, and we are here to set the record straight on what this charge truly means for your future.
The Hard Truth: Delivery vs. Possession
Many people assume “delivery” means being caught in a drug deal. In Texas, the law is far broader and much more unforgiving.
- Delivery is a Transfer, Not Just a Sale. Under Texas law, “Delivery” means knowingly or intentionally transferring marijuana to another person. It doesn’t matter if you got paid. Giving a friend a joint or sharing a small amount for free still qualifies as delivery. The moment you transfer it—whether directly or indirectly—you’ve committed the offense. This is a crucial distinction and a mistake many people make.
- Intent to Distribute is a Felony Trigger. While Delivery is a specific charge, prosecutors often try to turn a simple possession case into a much tougher “possession with intent to distribute” charge. They don’t need a confession or a handshake agreement to do it. They look for circumstantial evidence—the “affirmative links”—that suggest you’re a dealer, not just a user.
What Elevates Your Charge to “Intent”?
The police and prosecutors will aggressively use seemingly minor details to justify the harsher charge of intent to distribute. Do not underestimate these factors:
- Quantity: Possessing an amount larger than what they consider “personal use” is the most common factor.
- Packaging: Drugs divided into multiple small baggies or packages suggest a plan for distribution.
- The Tools of the Trade: Finding scales, measuring tools, or a large amount of cash in small denominations near the marijuana.
- Witness/Digital Evidence: Witnesses, or even text messages about selling or sharing, can be used against you.
If any of these factors were present, your case just got exponentially more serious.
The Consequences Are Severe
The penalties for Delivery of Marijuana in Texas are severe and scale dramatically based on the weight of the substance involved and whether or not remuneration (payment) was received. Even for small amounts, you face serious consequences:
- Small Amounts: Delivery of 1/4 ounce or less, without payment, is a Class B misdemeanor (up to 180 days in jail and a $2,000 fine). If payment is involved, it jumps to a Class A misdemeanor (up to 1 year in jail and a $4,000 fine).
- Felony Charges: For amounts between 1/4 ounce and five pounds, you are facing a state jail felony (180 days to 2 years in state jail and up to a $10,000 fine). The punishment escalates sharply from there, leading to decades in prison for higher weights.
This is a battle you cannot afford to lose. A conviction can strip you of your freedom, lead to major fines, suspend your driver’s license, and leave you with a criminal record that affects your job prospects and housing for the rest of your life.
Amarillo Texas Marijuana Attorney
Got weed? If you are facing a marijuana-related charge, you need an attorney who is confident and determined to fight for you. Tisdell Law Firm is here. We only handle marijuana and federal drug cases, meaning we have the focused experience and deep understanding of the law required to build a powerful defense.
Do not wait for the prosecution to define your future. Contact Tisdell Law Firm today for a free consultation at (806) 352-4844.
