What to Expect if You Are Accused of Selling Pot

 Posted on December 11, 2025 in Criminal Defense

In recent years, the decision of whether to legalize recreational marijuana has become the subject of fierce debate. It can be difficult to keep track of drug laws in different states. However, in the Lone Star State, possession and distribution of marijuana is still illegal.

If you have been accused of trying to deliver or sell marijuana to another person in Texas, you face serious penalties. At the Law Office of Russ Alan Baker, PLLC, our Marble Falls, TX drug crime defense lawyer can walk you through what to expect from your case. In many cases, we have been able to get the charges reduced or dismissed.

What Does Intent to Deliver Mean in Pot Possession Cases?

Possession of an illegal drug typically carries lighter penalties than selling the same drug. However, the police do not need to witness a drug deal to charge somebody with distribution. You could face charges of possession with intent to deliver if law enforcement finds evidence to suggest that the marijuana was not just for personal use. For instance, if you have a measuring scale or weed separated into bags, this could be cited as evidence of intent to deliver.

Disputing intent to deliver is important because it can mean the difference between a misdemeanor and a felony charge. Our firm can look for ways to challenge your supposed intent. In some cases, we can file a motion to suppress evidence obtained in violation of your Fourth Amendment rights.

Penalties for Marijuana Distribution in Texas

The lowest-level distribution offense involves delivering a quarter ounce or less of weed without receiving anything in exchange for it. This crime is a Class B misdemeanor, carrying up to six months in jail and a possible $2,000 fine.

If you did get something in exchange for selling just a quarter ounce, you will face Class A misdemeanor penalties. This offense is punishable by a year in jail and $4,000 in fines (Texas Health and Safety Code Sec. 481.120).

Delivering more than a quarter ounce of marijuana is a felony crime. These charges are extremely serious. You may face years behind bars for a conviction.

What Happens When Marijuana Crosses State Lines?

If you are accused of delivering marijuana across state lines, you will face federal charges. The penalties are stricter as well. For example, selling less than 50 kilograms of marijuana carries a prison sentence of five years and a possible fine of up to $250,000.

Challenging the basis of a traffic stop is often critical in marijuana cases that cross state lines. Police need reasonable suspicion to pull someone over in most cases. If you were pulled over illegally, the evidence against you could be tainted. Our firm will look into your case to figure out the best possible defense that will challenge the prosecution’s case.

Contact a Fredericksburg, TX Criminal Defense Lawyer

Attorney Russ Alan Baker has defended many clients charged with drug offenses. If you have been accused of a crime involving marijuana or other drugs, turn to the Law Office of Russ Alan Baker, PLLC for legal representation. To schedule a consultation today, call our Marble Falls, TX drug crime defense attorney at 325-216-2006.