Regardless of the nature of the offense, crimes involving drugs are taken very seriously in the state of Texas. However, there is some variance in the severity of drug crimes as well as how they are punished. Harshly punished drug-related crimes, such as delivery, manufacturing, or dealing, are punished very severely, with penalties including decades spent in prison and hundreds of thousands of dollars in fines. With marijuana being the most commonly used illegal substance in the United States, many are at risk for receiving unnecessary penalties for possessing or handling a relatively harmless substance. Fortunately, there are ways to defend your freedom against unfair accusations.
If you have been charged with manufacturing or delivering marijuana, you may be worried about the consequences that could follow a conviction. Your life might also be affected in other ways if you are found guilty. But it is important not to despair because you don’t need to go through this alone. Houston marijuana defense attorney Ned Barnett has years of experience on both sides of the courtroom. He can anticipate the prosecution’s strategy in order to craft the strongest possible defense.
Understanding the Crime
According to the Texas Controlled Substances Act, both manufacturing, and delivering marijuana are treated similarly under the law. Manufacturing marijuana is defined as growing or cultivating marijuana illegally. Delivering marijuana, on the other hand, consists of actually giving it to another person, even if the substance is fake. This can involve directly handing the drug to another person, using another person to for the transfer, or even leaving drugs to be picked up at a specified location. Law enforcement often brings these charges by utilizing an anonymous informant or an undercover officer.
Possession with intent to sell is a crime very similar to manufacturing or delivery. It involves possessing the substance, often in large amounts, with the express intent of selling it at a later date. In many cases, police will accuse someone of possession with intent based on indirect evidence. A person might be arrested for this crime if a massive amount of marijuana is found in their home or vehicle.
Criminal Penalties and Other Consequences
As with all drug crimes, the criminal penalties associated with manufacturing and delivery of marijuana are directly linked to the amount of the substance involved in the crime. In addition, this offense is what is known as a wobbler in the state of Texas. This means that manufacturing or delivering marijuana can be charged as a misdemeanor or a felony based on the amount of the substance involved.
Criminal penalties for this crime include, but are not limited to:
- Less Than 2 Ounces (Misdemeanor): A fine of up to $2,000 and up to 180 days in jail
- Between 2 and 4 ounces (Misdemeanor): A fine of up to $4,000 and up to 1 year in jail
- Between 4 ounces and 5 pounds (Felony): A fine of up to $10,000 and up to 2 years in jail
- Between 5 and 50 Pounds (Felony): A fine of up to $10,000 and 2 to 10 years in prison
- Between 50 and 2000 Pounds (Felony): A fine of up to $10,000 and 2 to 20 years in prison
- More than 2,000 Pounds (Felony): A fine of up to $50,000 and 5 to 99 years in prison
A conviction for a drug crime can also result in collateral consequences. Finding a job once you are released from custody, for example, can be all but impossible. This is because many employers shy away from hiring those with conviction histories. Your attempts to continue your education might also be stifled. Most colleges and universities thoroughly vet students before admitting them, and many scholarships are off-limits to those who have been convicted of a crime.
Let Ned Barnett Fight for Your Freedom
Whether you have been falsely accused or you are being treated unfairly by the justice system, the help of a skilled legal professional can be invaluable. One common defense strategy in cases of manufacturing and delivery involves proving that your rights were violated. It might also be the case that you were in the wrong place at the wrong time.
As a capable and highly skilled Houston marijuana defense attorney, Ned Barnett understands how difficult these situations can be. Your family might not be able to survive if you are convicted, and going through complicated criminal proceedings can place an unwanted strain on familial relationships. Attorney Barnett will do everything under the law to present your case in the best possible light and will strive to find the best available resolution.
Call (713) 222-6767 to see how your interests can be protected during a free and confidential consultation.