Houston Attorney on the Sale or Distribution of Marijuana
If you have been arrested for selling or distributing marijuana then contact an experienced attorney to discuss possible defenses for any case in Houston in Harris County or The Woodlands in Montgomery County, TX. Horak Law handles all kinds of marijuana charges in Southeast Texas.
Defenses to these charges often revolve around the legality of the search and the exclusions of statements made by the person arrested. Additionally, defenses may exist if the prosecutor does not have sufficient evidence to provide the intention to sell as opposed to possession for personal consumption.
Penalties for the Distribution of Marijuana
The punishments for distributing marijuana (either by for sell or as a gift) are even more serious than the penalties for simple possession. Punishments for distribution of marijuana under the Texas law depend on the circumstances of the distribution and the amount involved:
- Gift of one-fourth of an ounce or less – class B misdemeanor, subjecting the defendant to 180 days in jail and a $2,000 fine;
- Sale of paraphernalia – class A misdemeanor, resulting in 1 year and jail and up to a $4,000 fine. If the buyer was a minor, at least 3 years younger than the seller, then the sale is a state jail felony and the punishment is 180 days to 2 years in prison and a $10,000 fine;
- Sale of one-fourth of an ounce of marijuana or less – class A misdemeanor, subjecting the defendant to up to 1 year in jail and a $4,000 fine;
- Sale of one-fourth of an ounce to 5 pounds – state jail felony, resulting in 180 days to 2 years in prison and a $10,000 fine;
- Sale of 5 to 50 pounds – second-degree felony, with a punishment of 2-20 years incarceration and a $10,000 fine;
- Sale of 50 to 2,000 pounds – first-degree felony, with 5-99 years in prison and a $10,000 fine; and
- Sale of more than 2,000 pounds – felony, with a minimum mandatory sentence of 10-99 years and a $100, 000 fine.
The penalties for selling marijuana are always very serious. If you are arrested for possession or sale of marijuana, you should contact an experienced criminal defense attorney in Houston to discuss the facts of your case.
Matt Horak is a former Assistant District Attorney for Harris County who is a member and Public Information Officer for the Houston branch of the National Organization for the Reform of Marijuana Laws (NORML). You can have him review your case and explore your legal options as soon as you call (713) 225-8000 to schedule a free consultation.