The state of Texas takes the welfare of its children very seriously. This principle is evident when the Texas Legislature created section 481.122 of the Health and Safety Code. This section deals with people who “deliver” marijuana to a child, which is a person under the age of 18 (or a person enrolled in a public or private primary or secondary school). Now, people often confuse “delivery” with “sale”. They are not the same thing. Delivery is the legal term for giving or handing off something; in this case, an adult passing a joint to a 17 year old boy. Obviously, a sale is a transaction involving an exchange of goods for money. An adult does not need to receive cash back from the child to get in trouble; he just simply needs to give the child marijuana. If an adult does this, then he could be guilty of a second degree felony.
However, there are certain exceptions to these rules. Please note that these defenses apply only to this offense. In other words, if you have an affirmative defense for this offense, it does not mean that you cannot be charged with other crimes. If the person delivering the marijuana was a child when the crime was committed, he cannot be charged with a second degree felony under this section. Moreover, this section also provides that if the person delivering marijuana is under the age of 21, delivers an amount equal to or less than 3.5 grams, and did not receive any cash for the delivery (it was not a sale), he could not be charged with a crime under this section. These affirmative defenses are mostly framed to protect reckless teenagers from facing serious charges. In other words, this section did not want to criminalize children in high school who were giving their friends weed (though that is still an offense).
The State of Texas demands adults to be responsible and not deliver marijuana to children. Whatever your stance on marijuana may be, it is undeniable that children need heroes in today’s society. A person’s stance on marijuana should begin with education. There is a big difference between being a drug pusher and a drug advocate, for the former can be a second degree felony.
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Gilbert Garcia has been Passionately Pursuing Justice for over 30 years and founded The Gilbert G. Garcia Law Firm in 2008. The Gilbert G. Garcia Law Firm is a boutique law firm, specializing in Criminal Defense. Gilbert represents adults and juveniles accused of a crime and who have with a felony, misdemeanor or record cleaning case. Conveniently located on the courthouse square to serve Montgomery and Walker Counties. Gilbert became Board Certified in Criminal Law by the Texas Board of Legal Specialization in 1989. The Gilbert G. Garcia Law Firm is located at 220 N. Thompson St., Suite 202, Conroe, TX 77301. www.ggglawfirm.com.
Drug Related Charges may include: Possession of Marijuana, Possession of Controlled Substance, Possession of Dangerous Drug, Manufacturing a Dangerous Drug/Controlled Substance, Delivery or Intent to Deliver Marijuana/Dangerous Drug/Controlled Substance, Possession of Drug Paraphernalia and many other drug related charges.