Texas delivery of marijuana — Health & Safety Code § 481.120
Texas delivery of marijuana is a criminal offense under Health and Safety Code § 481.120. Base conduct is classified as a Class B misdemeanor; enhancements, value tiers, or aggravators can move the classification up to felony exposure. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Weight-tiered: Class B misdemeanor (≤¼oz, no remuneration) up to first-degree felony (>50 lb)
Punishment range: ≤¼ oz no remuneration: Class B misd, 180d / $2K. ≤¼ oz with remuneration: Class A misd, 1yr / $4K. >¼ oz–5 lb: state jail, 180d–2yr / $10K. >5–50 lb: 2nd-degree, 2–20 yr / $10K. >50–2,000 lb: 1st-degree, 5–99 yr / $10K. >2,000 lb: enhanced 1st-degree, 10–99 yr or life / up to $100,000.
The controlling statute
Health & Safety Code § 481.120 makes it a crime to knowingly or intentionally deliver marijuana. Texas's tier structure begins gently — a quarter-ounce or less without remuneration is a Class B misdemeanor — but escalates sharply through state jail (>¼ oz), second-degree (5–50 lb), and first-degree (50–2,000 lb), capping at an enhanced first-degree felony with $100,000 fine for trafficking quantities. Despite the 2018 federal Farm Bill legalizing hemp, marijuana remains a controlled substance under Texas law.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 481.120 |
| Cluster | Drug Crimes |
| Classification | Weight-tiered: Class B misdemeanor (≤¼oz, no remuneration) up to first-degree felony (>50 lb) |
| Range | ≤¼ oz no remuneration: Class B misd, 180d / $2K. ≤¼ oz with remuneration: Class A misd, 1yr / $4K. >¼ oz–5 lb: state jail, 180d–2yr / $10K. >5–50 lb: 2nd-degree, 2–20 yr / $10K. >50–2,000 lb: 1st-degree, 5–99 yr / $10K. >2,000 lb: enhanced 1st-degree, 10–99 yr or life / up to $100,000. |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 481.120 charge, the State must prove every element beyond a reasonable doubt:
- Defendant knowingly or intentionally delivered marijuana to another person
- Substance was marijuana as defined by HSC § 481.002(26) — cannabis plant material with more than 0.3% delta-9 THC
- Aggregate weight falls within a statutory tier
- Delivery was without lawful authorization (no compassionate-use license)
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Delivery of Marijuana case:
- Substance was legal hemp (<0.3% delta-9 THC under HB 1325 and federal Farm Bill)
- No actual or constructive delivery occurred — mere possession only
- Fourth Amendment suppression of probable-cause stop based solely on cannabis odor
- Confrontation Clause and DEA-style THC quantification challenges
- Compassionate Use Program license under HSC § 169 (limited; low-THC products)
- Lack of remuneration affects misdemeanor tier — gift versus sale distinction
Enhancements & collateral consequences
Drug-free zone enhancement (§ 481.134) adds a tier level. Delivery to a minor under § 481.122 is at least a state jail felony, escalating with weight. Use of a firearm in marijuana trafficking opens federal 21 U.S.C. § 841 and 18 U.S.C. § 924(c) liability. Federal trafficking thresholds (100+ kilos = 21 U.S.C. § 841(b)(1)(B), 5-year mandatory minimum) often parallel Texas first-degree felony charges.
Key Legal Terms
- Marijuana (HSC § 481.002(26))
- Cannabis plant material with more than 0.3% delta-9 THC by dry weight; below this threshold the material is hemp under HB 1325 and the federal Farm Bill.
- Compassionate Use Program (HSC Ch. 169)
- Texas medical cannabis program for prescribed low-THC products (≤1% THC); covers epilepsy, MS, ALS, PTSD, autism, terminal cancer, and chronic pain.
- Remuneration
- Anything of value exchanged for delivery, including money, goods, services, or barter; converts a Class B misdemeanor (no remuneration) to Class A for sub-quarter-ounce delivery.
Frequently Asked Questions
Can the smell of marijuana alone justify a vehicle search in Texas?
Is delivery of less than a quarter-ounce a felony in Texas?
What is the Texas Compassionate Use Program?
Does the Farm Bill make CBD legal in Texas?
What is the enhanced first-degree felony for marijuana?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Delivery of Marijuana? Talk to L and L Law Group.
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