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Possession with Intent to Distribute

In some cases, law enforcement may charge you with possession with intent to distribute rather than simple possession. Typically, this is due to a large quantity of drugs being found or other compelling evidence. Since there is no specific statute for possession with intent to distribute the crime is lumped under drug manufacturing or delivery. 

Even if you’ve never intended to sell any drugs, a possession with intent to distribute charge may label you as a potential “drug dealer.” The prosecution may use this and physical evidence to paint a negative image to the jury. It’s important that you act now before your case proceeds.

If you or someone you know is being investigated for possession with intent to distribute, it’s vital that you seek trusted legal representation.

Brownsville Attorney for Possession with Intent in Texas

Any person who is being investigated for possession with intent to distribute must seek an experienced criminal defense attorney today. Hiring an attorney can significantly increase your chances of reducing or the charges against you dropped.

Exercise your right to remain silent and find a skilled attorney with The Gracia Law Firm, P.C. . Johnathan Gracia is an experienced criminal defense attorney who puts his clients first. As a lifetime Brownsville resident, he’s passionate about defending Texas residents. Gain a legal partner in your case with Johnathan Gracia. 

We defend clients accused of drug crimes throughout the greater Brownsville area including La Feria, Los Fresnos, Harlingen, and Port Isabel. 

Call us today at 956-504-2211 and schedule a free consultation. 

Overview of Possession with Intent to Distribute in Texas

Common Evidence for Possession with Intent to Distribute

Law enforcement is trained to spot certain evidence for drug manufacture or selling. If a person is convicted for possession with intent to distribute, it means that he or she intended to sell the drug but never did. For the prosecution to pursue a successful conviction they must prove through physical evidence that the drugs were beyond personal use.

Some common evidence that can be used against you in a possession with intent to distribute case includes, but is not limited to: 

  • Large quantity of cash;
  • If the arrest occurred in a high drug trafficking area;
  • How pure the controlled substance is;
  • Certain drug paraphernalia such as plastic bags, scales, or packaging material; and
  • Electronic communication (such as text or IM) surrounding illegal drug transactions.

Texas Penalties for Possession with Intent to Distribute

The penalties for possession with intent to distribute drugs is reliant on their penalty group and the amount found. Texas Health and Safety Code has adopted “penalty groups” for drugs similar to the United States Code Drug Schedules. The groups are classified by the drug’s medical use and potential for chemical dependency. The following are some drugs found in Texas penalty groups. 

  • Penalty Group 4 – These drugs are safest to consume and can be used medicinally. Most of the drugs found in penalty group 4 are only illegal based on the amount found in possession.
    • Some examples include: diphenoxylate, ethylmorphine, and codeine.
  • Penalty Group 3 – Drugs found in penalty group 3 are normally used in the medical field but can be dangerous in certain situations.
    • Some examples include: Barbital, Alprazolam, and Tramadol.
  • Penalty Group 2 or 2-A -Many drugs found under penalty group 2 have a high risk for addiction. The majority of drugs found under 2-A are considered synthetic drugs that mimic other controlled substances.
    • Some examples include: synthetic THC, MDMA, mescaline, and phenylacetone.
  • Penalty Group 1-A – Penalty group 1-A is reserved for the drug lysergic acid diethylamide (LSD). It’s measured in units rather than grams since the drug is typically consumed normally as unit tabs.
  • Penalty Group 1 – All drugs found in penalty group 1 have a very high risk of abuse. They are found to have very serious long and short-term effects with no medical use.
    • Some examples include: oxycodone, ketamine, marijuana, and oxycodone.

Penalties for Possession with Intent to Distribute a Penalty Group 1 Drug

The maximum penalties for possession with intent to distribute a penalty group 1 drug can be found in the following chart. 

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

Group 1

State Jail Felony

Under 1 gram

180 days – 2 years

Up to $10,000

 

Second-Degree Felony

1 to 4 grams

2 to 20 years

Up to $10,000

First-Degree Felony

4 to 200 grams

5 to 99 years

Up to $10,000

First-Degree Felony

200 to 400 grams

10 to 99 years

Up to $100,000

First-Degree Felony

Over 400 grams

15 to 99 years

Up to $250,000 

Penalties for Possession with Intent to Distribute LSD

The drug LSD or lysergic acid diethylamide can be found under penalty group 1-A. It’s found to have an intense hallucinogenic effect and is normally taken in unit tabs.

The maximum penalties for possession with intent to distribute LSD can be found under the following chart.

Penalty Group

Sentence

Units

Prison Term

Maximum Fine

Group 1-A

State Jail Felony

Under 20 units

180 days – 2 years

Up to $10,000

 

Second-Degree Felony

20 to 80 units

2 to 20 years

Up to $10,000

First-Degree Felony

80 to 4,000 units

5 to 99 years

Up to $10,000

First-Degree Felony

Over 4,000 units

15 to 99 years

Up to $250,000

Penalties for Possession with Intent to Distribute Penalty Group 2 or 2-A

The legal consequences for possession with intent to deliver a penalty group 2 or 2-A drug are listed in the chart below.

 

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

Group 2 or 2-A

State Jail Felony

Under 1 grams

180 days – 2 years

Up to $10,000

 

Second-Degree Felony

1 to 4 grams

2 to 20 years

Up to $10,000

First-Degree Felony

4 to 400 grams

5 to 99 years

Up to $10,000

First-Degree Felony

Over 400 grams

10 to 99 years

Up to $100,000

 

Penalties for Possession with Intent to Distribute Penalty Group 3 or 4

The chart below outlines the maximum penalties for those convicted of possession with intent to deliver a penalty group 3 or 4 drug.

Penalty Group

Sentence

Weight (Grams)

Prison Term

Maximum Fine

Group 3 or 4

State Jail Felony

Under 28 grams

180 Days – 2 Years

Up to $10,000

 

Second-Degree Felony

28 to 200 grams

2 to 20 years

Up to $10,000

First-Degree Felony

200 to 400 grams

5 to 99 years

Up to $10,000

First-Degree Felony

Over 400 grams

10 to 99 years

Up to $100,000

 

Additional Resources

Texas Drug Laws – Visit the official website for Texas laws and legislation to find more information on drug offenses in Texas. Learn the specifics, penalties and defenses for crimes such as possession, manufacture, and delivery of controlled substances.

Drugs of Abuse – Gain access to a free PDF of the book Drugs of Abuse provided by the United States Drug Enforcement Administration. Find clear and scientific information about drugs, how they are made, and their long and short-term effects.  

Lawyer for Possession with Intent to Deliver in Cameron County, Texas

If you or someone you know has been charged with possession with intent to deliver, it’s vital that you contact a skilled attorney. Johnathan Gracia is an experienced attorney who has handled many possession with intent to deliver cases in the Cameron County area.

Attorney Johnathan Gracia is knowledgeable in all types of drug offenses. He is well versed in Texas controlled substance laws and works tirelessly to give the best possible defense to his clients. Start the first steps to your strong defense today with Johnathan Gracia. 

Call today at 956-504-2211 to schedule a free consultation. The Gracia Law Firm, P.C. accepts clients throughout the greater Cameron County area including Hidalgo County and Willacy County.

This article was last updated on November 5, 2018.