Delivery of Marijuana / Punishment

Punishment for the offense of Delivery of Marijuana in violation of the Texas Controlled Substance Act / Health and Safety Code §481.120 is as follows:

•  1/4 ounce or less without remuneration

– Class B Misdemeanor

Punishable by confinement in the county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.00.

•  1/4 ounce or less with remuneration

– Class A Misdemeanor

Punishable by confinement in the county jail for a term not to exceed one year and/or a fine not to exceed $4,000.00.

•  5 pounds or less but more than 1/4 ounce

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  50 pounds or less but more than 5 pounds

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  2,000 pounds or less but more than 50 pounds

– First Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years and a fine not to exceed $10,000.00.

•  More than 2,000 pounds

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or a term of not more than 99 years or less than 10 years and a fine not to exceed $100,000.00.

Possession of Marijuana / Punishment

Punishment for the offense of Possession of Marijuana in violation of the Texas Controlled Substance Act / Health and Safety Code §481.121 is as follows:

•  2 ounces or less

– Class B Misdemeanor

Punishable by confinement in the county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.00.

•  4 ounces or less but more than 2 ounces

– Class A Misdemeanor

Punishable by confinement in the county jail for a term not to exceed one year and/or a fine not to exceed $4,000.00.

•  5 pounds or less but more than 4 ounces

– State Jail Felony

Punishable by confinement in a state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00.

•  50 pounds or less but more than 5 pounds

– Third Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years and a fine not to exceed $10,000.00.

•  2,000 pounds or less but more than 50 pounds

– Second Degree Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years and a fine not to exceed $10,000.00.

•  More than 2,000 pounds

– Special Class Felony

Punishable by imprisonment in the Texas Department of Criminal Justice for life or a term of not more than 99 years or less than 5 years and a fine not to exceed $50,000.00.

In The News / Waking Up After a 27-Year Nightmare

Michael Anthony Green is a free man. After spending 27 years in a Texas prison for a crime he did not commit, he was released last week after DNA evidence cleared him of the crime. He was convicted of aggravated sexual assault and sentenced to 75 years in prison back in 1983, when he was 18 years old. He is now 45.

Mr. Green can thank Pat Lykos, the Houston County District Attorney, for his release. After Ms. Lykos was elected in 2008, she formed the Post-Conviction Review Section in her office and it chose Green’s case as one of the first to look at. The review team found the only remaining evidence in the case–the clothing worn by the victim during the rape–and had it tested. The results excluded Green. Law enforcement authorities were able to determine the identity of the four men who committed the crime by use of the DNA evidence–however, they cannot be prosecuted because of the statute of limitations.

The Houston Chronicle ran the following related stories on August 2, 2010: