Texas law is not kind to those convicted of drug possession. Most controlled substance offenses have harsh penalties that can be life-long. If an individual is charged with possession and intent to sell a controlled substance, they may have enhanced penalties. Now, instead of just being labeled as a drug user, the offender is charged as a drug dealer. It can be difficult to prove to a jury with these identifiers in place.
Prosecutors will use any circumstantial or physical evidence available to paint a negative image of the offender. They may portray the defendant as a danger to the community, or even a danger to society. Before you can be charged with possession with intent to distribute, the prosecutor must have proof of several elements. It must be proven that the individual possessed the controlled substance and aimed to sell it to the public. These offenses can be tricky to prove.
Possession with Intent to Sell Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
A charge for possessing illegal drugs can alter your lifestyle entirely. Now, imagine the consequences of being labeled as a drug dealer would do to your future. Having the counsel and defense of a qualified criminal defense lawyer can help reduce your charges, or possibly have your case completely dismissed. Do not deal with the complexities of your charge alone.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Common Evidence for Distribution of a Controlled Substance
Being convicted of possession with intent to sell involves more than possession of the illegal drug itself. Usually, more evidence is required for a full conviction. For instance, if law enforcement finds a large number of illegal drugs and packing material.
Some types of circumstantial evidence that can be used include, but are not limited to:
- Purity or quality of the controlled substance;
- Arrest location (if the charge occurred in a drug active area);
- Electronic messages, such as text or email, concerning the illegal drug to other individuals;
- Large amounts of cash; and,
- Drug paraphernalia such as scales, baggies, or other packaging materials.
Penalties Surrounding Intent to Distribute in Texas
The Texas Controlled Substance Act categorizes criminal offenses for the alleged distribution of an illegal drug. All penalty regarding the deliberate selling, manufacturing, and possessing of a controlled substance is a felony. Felony convictions can, at maximum, result in life imprisonment.
Texas law assigns all drugs and their offenses under different Penalty Groups based on their potential for abuse. Consequences for possession with intent to sell depend on the quantity and Penalty Group of the illegal drug.
Penalty Group 3 & 4
The controlled substances in this Penalty Group have the lowest potential for misuse. These drugs generally have a medical purpose including, opiates, opioids, methylphenidate, and prescription medications that you may have in your medicine cabinet.
Penalty Groups 3 & 4 | Amount | Classification | Penalty |
The controlled substances in this group are filed under Texas Health and Safety Code § 481.114; Methylphenidate (known as Ritalin), Valium, Anabolic Steroids, and a range of prescription medications. | 400 grams or more | Enhanced First-Degree Felony | Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000. |
200 grams or more, but less than 400 grams. | First-Degree Felony | Up to 99 years or life in prison and a fine of up to $10,000 | |
28 grams or more but less than 200 grams. | Second-Degree Felony | Up to 20 years in prison and a fine of up to $10,000 | |
Under 28 grams. | State Jail Felony | Up to two years in state jail and a fine of up to $10,000 |
Penalty Group 2
All the drugs in Penalty Group 2-2A are filed under a higher potential for abuse. These drugs are not legal like some in Penalty Group 3 & 4.
Penalty Group 2-2A | Amount | Classification | Penalty
|
The controlled substances in this group are filed under Texas Health and Safety Code § 481.113; Methylenedioxy-methamphetamine (Ecstasy, MDMA, or Molly), Psilocybin (mushrooms), Amphetamine, Methaqualone, and other hallucinogens. | 400 grams or more | Enhanced First-Degree Felony | Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000 |
4 grams or more but less than 400 grams | First-Degree Felony | Up to 99 years or life in prison and a fine of up to $10,000 | |
1 gram or more but less than 4 grams | Second-Degree Felony | Up to 20 years in prison and a fine of up to $10,000 | |
Under 1 gram | State Jail Felony | Up to two years in jail and a fine of up to $10,000 |
Penalty Group 1-A
The following Penalty Group includes the hallucinogen LSD. LSD quantity is calculated differently than most drugs. Texas law states the amount of LSD is to be defined by units rather than ounces, grams, or pounds. One unit of LSD usually is the same as one “tab” or square.
Penalty Group 1-A | Amount | Classification | Penalty |
The controlled substances in this group are filed under Texas Health and Safety Code § 481.1121; Lysergic Acid Diethylamide (LSD), including isomers, salts, salts of isomers, and other compounds. | 4,000 or more units | Enhanced First-Degree Felony | Min. of 15 years up to 99 years or life in prison and a fine of up to $250,000 |
80 or more units but fewer than 4,000 units | First-Degree Felony | Up to 99 years or life in prison and a fine of up to $10,000 | |
20 or more units but fewer than 80 units. | Second-Degree Felony | Up to 20 years in prison and a fine of up to $10,000 | |
Fewer than 20 units | State Jail Felony | Up to two years in jail and a fine of up to $10,000 |
Penalty Group 1
All Penalty Group 1 drugs have incredibly heavy consequences. Some examples of Penalty Group 1 substances include painkillers, such as codeine or oxycodone, opium derivatives, or opiates such as heroin, cocaine, ketamine, and more.
Penalty Group 1 | Amount | Classification | Penalty |
The controlled substances in this group are filed under Texas Health and Safety Code § 481.112; Heroin, Methamphetamine, Cocaine, Oxycodone, Hydrocodone, and more.
| 400 grams or more | Enhanced First-Degree Felony | Min. of 15 years up to 99 years or life in prison and a fine of up to $250,000 |
200 grams or more but less than 400 grams | Enhanced First-Degree Felony | Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000 | |
| 4 grams or more but less than 200 grams | First-Degree Felony | Up to 99 years or life in prison and a fine of up to $10,000 | |
| 1 gram or more but less than 4 grams | First-Degree Felony | Up to 20 years or life in prison and a fine of up to $10,000 | |
| Less than one gram | State Jail Felony | Up to two years in state jail and a fine up to $10,000 |
Additional Resources
Texas Health and Safety Act – Visit the Texas State Legislature website to read the statutory language about possession with intent to distribute illegal drugs. See the specifics on how each drug is classified and what sort of individuals are legally allowed to deliver the listed controlled substances.
Texas Families Against Mandatory Minimums (FAMM) – Learn about Families Against Mandatory Minimums (FAMM), a non-profit organization whose mission is to fight smart sentencing laws that protect public safety. Here you can read facts regarding Texas State’s prisons, as well as information surrounding mandatory minimum laws. FAMM also has listed ways to advocate for sentencing reform.
Find A Dallas County Defense Attorney for Possession with Intent to Sell Charges | Law Offices of Richard C. McConathy
Have you or a loved one been accused of possession with intent to sell in the Dallas-Fort Worth-Arlington metroplex area? Keep silent with law enforcement, and find good legal representation immediately.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.