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.
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.
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 most employers don't want to hire people that use drugs (even marijuana).
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 supression issues and motions are still available as with POM cases.
With a history of marijuana offenses, POMs, or POCS convictions, the person will be looking at more severe punishments, most likely probation and even jail. This is especially true if the person has otehr POCS or drug related felonies, or has been to TDCJ before. But for first time offenders, the key is to handle the case correctly from the start, which means showing up with an attorney at the arraignment.
The Keates Law Firm has over 14+ Years Experience handling criminal defense 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.
Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.
(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|
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