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Selling Marijuana

Many states have found marijuana to be a lucrative business. However, Texas is not one of them. It’s still illegal to consume, possess or sell cannabis in the state of Texas. People found selling marijuana may face serious consequences including hefty fines and even incarceration.

With so much at stake, it’s important you make the right choices. It’s recommended you seek the assistance of an experienced criminal defense attorney. Having legal representation will significantly help your chances of reducing or dismissing your charges.

If you or someone you know has been charged with selling marijuana, it’s in your best interest for you gain legal representation.

Attorney for Marijuana Distribution in Harris County, Texas

Navigating Texas’s criminal justice system alone is confusing and stressful. That is why it’s recommended you contact Flood Lewis & Associates, Inc. for quality legal representation. Our attorneys have years of experience with drug offenses, especially marijuana cases. We can build a defense plan to tackle your charges.

You can contact us by calling (713) 224-5529 today. Our team will set up a free consultation to assess your charges. Flood Lewis & Associates, Inc. accepts clients throughout the greater Harris County area including Houston, Pasadena, West University Place and Bellaire.

Overview of Sale of Marijuana in Texas


Penalties for Delivery of Marijuana in Texas

Distributing, selling or trafficking marijuana is a serious offense in Texas. The penalties for the crime are listed under the Texas Health and Safety Code § 481.120. These consequences are determined by how the quantity of marijuana and if you exchanged it for something of value. It’s important to know you can still be charged with delivering marijuana even if you didn’t receive money or property from the transaction.

Listed below are the penalties for selling marijuana in Texas.

Delivering 1/4 of an ounce or less of marijuana is a class B misdemeanor, which can result in:

  • Up to 180 days in jail; and
  • A fine of up to $2,000

If you sell 1/4 ounce or less for something of value, you should be charged with a class A misdemeanor that can lead to:

  • Up to 12 months in jail; and
  • A fine of up to $4,000

Trafficking 5 pounds or less, but more than 1/4 ounce is a state jail felony. The penalties for a state jail felony include:

  • Up to 24 months in jail; and
  • A fine of up to $10,000

People who were caught selling 50 pounds or less, but more than 5 pounds of cannabis will be charged with a third-degree felony, which is punishable by:

  • Up to 10 years in prison; and
  • A fine of up to $10,000

Delivering 2,000 pounds or less, but more than 50 pounds of marijuana should expect a second-degree felony. The consequences for a second-degree felony include:

  • Up to 20 years in prison; and
  • A fine of up to $10,000

Trafficking over 2,000 pounds of cannabis will result in the highest category of offense a first-degree felony. A conviction could result in 99 years or life in prison.


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Possession of Drug Paraphernalia in Texas

A common charge associated with selling marijuana is possession of drug paraphernalia. It’s unlawful in Texas to own any equipment used to consume, store, or cultivate marijuana. Even household items can be condemned as paraphernalia such as plastic baggies used to store cannabis. Listed below are the penalties for possessing drug paraphernalia in Texas.

Possessing drug paraphernalia is a class C misdemeanor, which is punishable by a fine of up to $500. Delivering drug paraphernalia is a class A misdemeanor that can result in up to 12 months in jail and a fine of up to $4,000. People who deliver drug paraphernalia to a minor should expect a state jail felony, which can lead to up to 24 months in jail and a fine of up to $10,000.


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How Police Officers Find Pot Dealers

Law enforcement agencies will use a variety of tactics to locate cannabis dealers. They might employ an informant to pull information from you or your friends and family. Police officers will often go undercover to try and catch a dealer in the act.  In some cases, police officers will patrol an area to spot any suspicious activities such as high traffic of people in one apartment.

The following are some indicators law enforcement search for to spot marijuana dealers.

  • Strange financial activity such as buying expensive products without a job;
  • The drug activity of your neighborhood;
  • If people come and go from your apartment quickly;
  • If you have multiple phones or “burner phones;”
  • If you leave often, but have no employment;
  • High utility bills for cultivation operations; and
  • If your neighbors have complained about marijuana odor or use

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Additional Resources

Texas Cannabis Industry Association (TCIA) – Visit the official website of the Texas Cannabis Industry Association (TCIA) to learn more about how they promote responsible cannabis industry in Texas. Access the site to learn more about their resources, upcoming events and more.

Cannabis Laws in Texas – Visit the official website of the Texas Health and Safety Code to learn more about their drug laws. Access the statute to view different illegal drugs and the penalties for possession, trafficking or manufacturing of that substance.


Lawyer for Sale of Marijuana in Harris County, Texas

If you or someone you know has been charged with selling marijuana in Texas, it’s vital you gain legal representation. Pressure to prosecute drug dealers is likely to drive the District Attorney’s office to aggressively pursue your case. Start defending yourself and call Flood Lewis & Associates, Inc..

Our attorneys at Flood Lewis & Associates, Inc. have been practicing criminal defense for years. We can formulate a strong defense so you can get your life back on track. Call (713) 224-5529 today to set up a consultation. Flood Lewis & Associates, Inc. accepts clients throughout the Harris County area including Tomball, Bellaire, Houston and West University Place.


This article was last updated on March 11th, 2019.

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