Delivery, Furnishing, or Giving a Gift of Marijuana is basically the offense of Selling Marijuana. It's possessing marijuana for sale or for another person, rather than for personal use. There are many ways the statute can be applied to a person possessing marijuana. The person can sell marijuana, trade it, deliver it to someone else who bought it (a middleman type scenario) or just merely give it away as a gift.
A conviction for a Marijuana or drug related offense can have effects on student financial aid, since it is considered a Drug Conviction, and may have to be disclosed on FAFSA forms or private funding institutes.
There are several consequences of having a drug related conviction. First, the offense would show up on any background checks, and could present issues when applying for job or housing. Employers or landlords will question the offense, and having a criminal conviction can make it difficult to obtain employment.
The law is different with Marijuana as opposed to other drugs like cocaine or pills -- and it's quite less severe. Delivery, Furnishing, or Giving Away Marijuana is a Class B misdemeanor if the amount of marijuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marijuana; meaning that it is not sold or traded, but merely gifted.
The offense becomes a Class A misdemeanor if the amount of marijuana delivered is 1/4 ounce or less and the person committing the offense receives remuneration for the marijuana, which means anything more than giving the marijuana away, be it by selling, trading, or plain old delivery.
If more than 1/4 oz of marijuana is delivered, sold, furnished, gifted, or transported to another person, then the offense is a State Jail Felony.
Related areas to Delivery of Marijuana include Possession of Controlled Substance (POCS) cases, Drug Paraphrenalia (PDP), which include items used with drugs, like pipes and bongs, and even Drug DWI - Driving While Influenced.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
A person charged with Delivery of Marijuana is typically arrested and taken to jail. While at the jail, a person will await the Magistrate, who is a Judge, to set bond and advise of the charges. In Travis County, pretrial services may also interview the person concerning a personal bond. Whether the personal bond is granted depends on the Judge, the person's criminal history, and other factors.
>Keep in mind that even if the Magistrate denies a personal bond shortly after arrest, and Attorney can revisit the issue and argue for a release from jail. Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Sometimes an officer will file arrest warrant , which will require a Walkthrough to clear the Arrest Warrant. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
The statute makes it illegal to essentially transport marijuana from yourself, for personal use, to another person, for any reason. Specifically, the Marijuana Statute reads: "a person commits an offense if the person knowingly or intentionally delivers marijuana." Note that the mere Possession of Marijuana (POM) for personal use is still illegal in Texas.
Typically Gift of Marijuana cases, under 1/4 ounce, are very similar to Possession of Marijuana cases (POM) in terms of negotiations and attempting to perhaps have the case dismissed for first time offenders -- of course, it's a little more difficult.
From an evidence standpoint, there is typically another witness that observed the gift or delivery of marijuana, which could make a Jury trial more difficult as well, but the same suppression issues and motions are still available as with POM cases.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Delivery, Furnishing, or Giving Away Marijuana cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
Your goal should be Dismissal for any Delivery of Marijuana charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
(a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.
|Level of Offense||Punishment|
|Class C Misdemeanor||Not Jailable, No more than $500 fines|
|Class B Misdemeanor||Not more than 180 days in a county jail, and/or no more than $2,000 fines|
|Class A Misdemeanor||Not more than 1 year in a county jail, and/or no more than $4,000 fines|
|State jail felony||180 days to 2 years in a state jail, and/or no more than $10,000 fines|