Delivery of Marijuana
If you are arrested in Dallas for having any amount of marijuana in your possession, the prosecution and law enforcement will make every effort to convict you of a more serious marijuana offense than marijuana possession, such as marijuana delivery, marijuana distribution or possession of marijuana with the intent to sell.
A conviction for delivery of marihuana (marijuana) in Dallas can result in severe penalties, including jail or prison sentences, steep fines, loss of a driver’s license, a criminal record and/or an inability to pursue certain jobs, professions or educational opportunities.
Dallas Marijuana Delivery Lawyer
If you have been charged with delivery of marijuana in Dallas, or any of the surrounding areas in Texas, including Garland, Irving, Grand Prairie, Denton, Plano, McKinney, Fort Worth, Rockwall, Johnson, Wise, Ellis, Arlington, Mesquite, Carrolton, Richardson, Lewisville or Frisco, contact The Law Offices of Richard C. McConathy. Attorney Richard McConathy is knowledgeable in all areas of Texas’ marijuana laws and will make every effort to help you avoid the most serious penalties and repercussions to your alleged offense. Call The Law Offices of Richard C. McConathy for a free consultation at (972) 445-4300 about your marijuana delivery charges.
Marijuana Delivery in Dallas
Under section 481.120 of the Texas Health and Safety Code, an individual can be charged with delivery of marihuana if they knowingly or intentionally deliver marijuana.
An individual can be charged with delivery of marihuana to a child under the Texas Health and Safety Code § 481.122 if they knowingly deliver marijuana to an individual who:
- Is a child;
- Is enrolled in a public or private primary or secondary school; or
- The alleged offender knows or believes intends to deliver the substance to a child or someone enrolled in primary or secondary school.
Texas law provides for certain affirmative defenses to delivery of marijuana to a child offenses. These defenses are:
- The alleged offender was a child at the time of the offense; and
- The alleged offender was under 21 at the time of the offense, they delivered less than or equal to ¼ ounce of marijuana, and they did not receive payment for the delivery.
Delivery of Marijuana Mental States
If an individual has been charged with delivery of marijuana in Dallas, they must have a certain mental state in order to be convicted of the offense. The prosecutor must prove the alleged offender either knowingly or intentionally committed the marijuana delivery beyond a reasonable doubt. If the prosecution is unable to prove the alleged offender had the required mental state to their marijuana offense, their charges may be reduced or even dismissed.
According to section 6.03 of the Texas Penal Code, the mental states to marijuana delivery are defined as:
- Intentionally – An individual acts intentionally if they commit the delivery offense and they have the conscious objective or desire to commit the offense or cause the result of the conduct.
- Knowingly – An individual acts knowingly, or with knowledge, if they commit the delivery offense and are aware their conduct is reasonably certain to cause the intended resulted of the conduct.
Dallas Penalties for Delivery of Marijuana
The penalties for a conviction to delivery of marijuana in Dallas can depend on a number of factors, including the amount of the substance, whether the alleged offender has a criminal history, whether the alleged offender received payment for the delivery and whether the alleged offender delivered the substance to a child.
- An individual charged with delivery of marijuana can be convicted of a Class B misdemeanor if they delivered ¼ ounce or less and did not receive payment for the delivery. This degree of offense can result in a jail sentence up to 180 days and/or a fine up to $2,000.
- An individual charged with delivery of marijuana can be convicted of a Class A misdemeanor if they delivered ¼ ounce or less but did receive payment for the delivery. This degree of offense can result in a jail sentence up to one year and/or a fine up to $4,000.
- An individual charged with delivery of marijuana can be convicted of a state jail felony if they delivered five pounds or less, but more than ¼ of an ounce. This degree of offense can result in a jail sentence ranging from 180 days to two years and/or a fine up to $10,000.
- An individual charged with delivery of marijuana can be convicted of a felony of the second degree if they delivered 50 pounds or less, but more than five pounds. This degree of offense can result in a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
- An individual charged with delivery of marijuana can be convicted of a felony of the first degree if they delivered 2,000 pounds or less, but more than 50 pounds. This degree of offense can result in a prison sentence ranging from five to 99 years or life imprisonment and/or a fine up to $10,000.
- An individual charged with delivery of marijuana can be convicted of a life felony if they delivered more than 50 pounds. This degree of offense can result in a prison sentence from 10 years to 99 years or life imprisonment and/or a fine not more than $ 100,000.
- An individual charged with delivery of marijuana to a child can be convicted of a felony of the second degree, which is punishable by a fine up to $10,000 and/or a prison sentence ranging from two to 20 years.
The Law Offices of Richard C. McConathy | Fort Worth Delivery of Marijuana Attorney
Contact The Law Offices of Richard C. McConathy today for a consultation about your marijuana delivery charges throughout Dallas County in Texas. Richard McConathy is an experienced Dallas marijuana attorney who will make every effort to find defenses or mitigating factors to have your charges reduced or even dismissed. Contact The Law Offices of Richard C. McConathy at (972) 445-4300 for a consultation about your alleged delivery of marijuana offense throughout Dallas County in Texas and the surrounding counties of Denton County, Collin County and Tarrant County.