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WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Delivery of Marijuana
Texas Health and Safety Code § 481.120 - DEL MARIJ
Attorney for Delivery of Marijuana in San Antonio, Texas
In Texas, the delivery of marijuana is a criminal offense. The specific penalties for the delivery of marijuana depend on the amount of the drug that is involved in the offense.
Conviction for the delivery of marijuana can have other consequences, such as loss of employment, difficulty finding housing, and difficulty obtaining certain professional licenses. It is therefore important for individuals charged with this offense to seek the advice of an experienced criminal defense attorney.
Difference Between Marijuana, Hemp, and CBD in Texas
Marijuana, hemp, and CBD are all products derived from the Cannabis sativa plant, but they differ in their uses and legal status in Texas. It is important to understand the differences between these products in order to comply with state laws.
Marijuana is a controlled substance under Texas law, and it is defined as any part of the Cannabis sativa plant, whether growing or not, and the seeds of the plant. This includes the flowers, leaves, stems, and seeds of the plant, as well as any extract or derivative of the plant, such as oil or wax. Marijuana is illegal to possess, use, distribute, or cultivate in Texas, except for limited research purposes.
Hemp is also a product derived from the Cannabis sativa plant, but it is defined as the plant and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. Hemp is legal to cultivate and sell in Texas, provided that it is grown in accordance with state and federal regulations.
CBD, or cannabidiol, is a chemical compound found in hemp and marijuana plants. It is a non-intoxicating compound that has been shown to have potential health benefits, such as reducing inflammation and anxiety. CBD can be extracted from hemp or marijuana and is often sold in the form of oils, tinctures, edibles, and other products.
In Texas, the possession and sale of CBD products is legal as long as they are derived from hemp and contain no more than 0.3% THC. CBD products derived from marijuana, or those that contain more than 0.3% THC, are illegal in Texas.
It is important to note that the legal status of these products can change quickly, and it is the responsibility of individuals to stay informed about the laws governing their use and possession. It is also worth noting that while some of these products may be legal in Texas, they may be illegal under federal law, and it is important to be aware of these differences as well.
Legal Distribution of Hemp and CBD versus Marijuana
Under a new law that went into effect in Texas on September 1, 2019, the cultivation and sale of hemp and hemp-derived products, such as CBD oil, became legal in the state. The new law, known as the Texas Hemp Farming Act, was passed in response to the federal 2018 Farm Bill, which legalized the cultivation of hemp at the federal level.
Under the Texas Hemp Farming Act, hemp is defined as the plant Cannabis sativa L. and any part of the plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. This definition is in line with the definition of hemp set forth in the federal 2018 Farm Bill.
The Texas Hemp Farming Act allows for the cultivation and sale of hemp and hemp-derived products in Texas, provided that the products are grown and produced in accordance with state and federal regulations. This includes the requirement that hemp must be grown in a manner that is consistent with a state or federal plan approved by the U.S. Department of Agriculture (USDA).
The Texas Department of Agriculture (TDA) is responsible for regulating the cultivation and sale of hemp in the state, and it has developed a licensing program for farmers, processors, and retailers who wish to participate in the hemp industry. The TDA also has the authority to inspect hemp crops and hemp-derived products to ensure compliance with state and federal regulations.
It is important to note that while the cultivation and sale of hemp and hemp-derived products is legal in Texas, these products are still subject to certain restrictions. For example, CBD oil that is derived from hemp and contains more than 0.3% THC is illegal in Texas. In addition, it is illegal to sell or distribute hemp or hemp-derived products to individuals under the age of 18.
Overall, the legal sale and distribution of hemp and hemp-derived products in Texas is a significant development for the state's agriculture industry and for consumers who are interested in the potential health benefits of these products. However, it is important for individuals to be aware of the regulations governing the sale and distribution of these products in order to ensure compliance with the law.
Defenses to the Delivery of Marijuana in Texas
There are a number of defenses that may be available to individuals charged with the delivery of marijuana in Texas. Some common defenses include:
Lack of intent: In order to be found guilty of the delivery of marijuana, the prosecution must prove that the defendant intended to deliver the drug. If the defendant can show that they did not intend to deliver the marijuana, they may be able to avoid a conviction.
Lack of knowledge: In order to be found guilty of the delivery of marijuana, the prosecution must prove that the defendant knew that they were delivering the drug. If the defendant can show that they did not know that they were delivering marijuana, they may be able to avoid a conviction.
Entrapment: Entrapment occurs when the police or another law enforcement agency induce a person to commit a crime that they would not have otherwise committed. If the defendant can show that they were entrapped by law enforcement, they may be able to avoid a conviction.
Illegal search and seizure: The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the government. If the police obtained the marijuana through an illegal search or seizure, the evidence may be suppressed, which could result in the dismissal of the charges.
Insufficient evidence: In order to be found guilty of the delivery of marijuana, the prosecution must present sufficient evidence to prove the defendant's guilt beyond a reasonable doubt. If the prosecution does not have enough evidence to meet this standard, the defendant may be able to avoid a conviction.
It is important to note that these are just a few examples of the defenses that may be available in a delivery of marijuana case. The specific defenses that are available will depend on the facts of the case, and it is important for individuals charged with this offense to consult with an experienced criminal defense attorney to determine the best course of action.
