Getting caught in possession of illegal substances in Texas can result in detrimental punitive charges against an individual. The legality of possessing drugs versus intending to distribute in Texas differs vastly between the two offenses.
If you or your loved ones are facing drug possession or intent to distribute charges in Texas, seek the assistance of a skilled and assertive drug possession attorney immediately. Contact the Law Offices of David M. White today at (325) 437-3311 for your free and confidential case evaluation.
What Is the Difference Between Drug Possession and Intent to Distribute?
The primary differentiation between being charged with possession of an illegal substance versus being charged with intent to distribute is whether or not you are using the drug or trying to sell it.
The quantity found within a person’s possession is a common factor in determining the difference.
Drug Possession
According to the Texas Department of Public Safety, most drug arrests in Texas are for the possession of illegal drugs (versus the sale of these substances).
A person can face drug possession charges when they have knowing care, control, or custody over a controlled substance. This excludes controlled substances for which a person has a valid prescription in their name for the substance.
With a drug possession charge, the person has the controlled substance for personal use and does not intend to sell or distribute it to others.
Intent to Distribute
A person faces intent to distribute charges when they have a controlled substance in their possession in a manner that demonstrates the person intended to sell or distribute the product.
A common illustrative factor in whether a situation is drug possession or intent to distribute is the quantity of the drug present. If a person possesses an amount of a controlled substance that is larger than what is reasonably deemed to be used for personal consumption, then the person will most likely be charged with the intent to distribute.
Other factors that could determine an intent to distribute include the presence of
- Large sums of money
- Packaging material, such as small plastic bags
- Drug paraphernalia
- Evidence of communication from customers, like text messages
While the percentage of drug abuse arrests for intent to distribute is much lower in Texas than the rate of drug possession arrests, intent to distribute charges often carry much more severe penalties.
Criminal Defenses for Drug Charges
Depending on the amount of substance found in a person’s possession and which Penalty Group the drug is in, punitive action for illegal drugs can range from a Class A misdemeanor, a Class B misdemeanor, a state jail felony, a third-degree felony, a second-degree felony, a first-degree felony, or a first-degree felony with imprisonment and a fine.
Imprisonment terms can range from a few months to a life sentence, and fines can go as high as $250,000.
Penalty Groups of Controlled Substances
The Texas Controlled Substances Act criminally classifies illegal drugs into four Penalty Groups. Group 1 substances carry the heaviest criminal charges, with Group 4 drugs carrying less severe charges.
Penalty Group 1 and 1-A
The classification of Penalty Group 1 includes fentanyl, methamphetamine, cocaine, and heroin. LSD is an example of a Group 1-A substance.
Penalty Group 2 and 2-A
Substances included in Penalty Group 2 are psilocybin, mescaline, codeine, amphetamine, and cannabinol derivatives (with the exclusion of marijuana). Group 2-A includes synthetic marijuana.
Penalty Group 3
Penalty Group 3 includes substances such as peyote, salvia, diazepam, alprazolam, lorazepam, and temazepam.
Penalty Group 4
Mixtures or compounds that contain limited quantities of codeine, opium, and ethylmorphine are all examples of substances included in Penalty Group 4.
Working With a Criminal Defense Attorney
Contacting a criminal defense attorney quickly after being arrested on a drug abuse charge in Texas will help protect your rights and properly build your defense for your case.
A diligent criminal defense attorney will listen carefully and compassionately to your unique situation and openly and honestly discuss your options.
Your legal team will examine all areas of your defense, including
- Define possession - Clarifying the possession charges you face will help strengthen your defense, whether the drugs were found in your pocket, backpack, home, or car. When an illegal drug is found in a shared space, a competent attorney can help prove that the defendant had no knowledge of the drug’s existence in that space.
- Evaluate potential constitutional violations - Law enforcement may have performed an unlawful search and seizure in your case. A skillful criminal defense attorney will examine the events surrounding your arrest and determine if law enforcement mishandled your situation.
- Establish legal possession - In some cases, a person charged with illegal possession of a controlled substance can, in fact, legally control that drug. An assertive criminal defense attorney will help prove the validity of your prescription for the substance in question.
Working with a well-trusted criminal defense lawyer will give you the best opportunity on your case. Your legal team will guide you and your loved ones through the process, negotiating any plea deals and preparing you for trial. They will advocate for you throughout your trial and appeal your case if necessary.
Why Choose the Law Offices of David M. White
The Law Offices of David M. White are well-versed in helping fellow Texans with their criminal defense cases.
Our team works hard on your case to bring you the best results possible, easing the stress of you and your loved ones during your challenging times.
We are committed to helping our West Texas community by proudly delivering dedicated and compassionate service and assistance with your legal needs. Our team appreciates how crucial your case results are for your future, and we strive to provide unyielding representation and advocacy for you throughout your case.
A recent client expressed gratitude for our professionalism in managing her case. She appreciated how personable our team was and how willing we were to help her during her trying times.
Another client thanked us for being open and honest about the options we gave him and for advising him on the best course of action for his case.
Our West Texas law offices are conveniently located in
- Abilene - On the northeast corner of Treadaway Boulevard and Industrial Boulevard, just outside of the Abilene Country Club.
- San Angelo - On College Hills Boulevard, a few blocks north of the West 306 Loop.
Call the Law Offices of David M. White today at (325) 437-3311 for your free initial consultation. Let us manage the burden of your criminal defense.
David M. White
Attorney
David M. White is an attorney with offices in Abilene and San Angelo, Texas. His practice is focused on Personal Injury cases and Criminal Defense. Mr. White attended Texas Tech University where he earned a B.B.A. in Finance in Honors Studies in 2002, graduating magna cum laude. He received his Doctor of Jurisprudence from the Texas Tech University School of Law in 2006.
If you, a friend, or family member need legal advice, please feel free to contact our firm for a free consultation with David White, a Personal Injury attorney in Abilene, Texas.
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