Drug Distribution
Being charged for possession of a controlled substance can quickly be escalated to possession with intent to distribute the controlled substance depending on the circumstances of the arrest. If you or a loved one has been charged with possession with intent to distribute, it is absolutely essential that you hire a criminal defense attorney in Fort Worth as quickly as possible.
We strongly advise that you or your loved one exercise their Constitutional right to counsel before speaking with law enforcement. A simple procedural mistake in an interview can result in drug charges being a lot harder to beat, meaning that a technicality might cause big issues in our defense. Instead, contact us immediately to either schedule an initial consultation, or to have us represent an individual who is currently being held after a possession with intent to distribute arrest. Read more below about these charges, and contact us immediately.
The Difference Between Possession and Intent to Distribute
If you are arrested with a small amount of a drug like marijuana, it is likely that your lawyer will be able to prove that you had it on your person for your own personal consumption. In Texas, simple possession of marijuana under 2 ounces is considered a Class B misdemeanor, with possible penalties of 180 days in jail, and $2,000 in fines.
However, if you are arrested with under 7 grams of marijuana for Intent to Distribute, your penalties suddenly look a lot different: Up to 1 year in jail, and $4,000 in fines. If you were to be arrested with 2 ounces, like the simple possession charges above, your penalties carry a mandatory minimum of 180 days, and a possibility of up to 2 years, of prison, and $10,000 in fines.
You may be wondering how law enforcement determines the difference between possession and an intent to distribute a controlled substance. There are a few factors that go into these differences, which are fairly simple to understand. If you are arrested with 7 grams of marijuana that you are carrying in 7 different 1-gram baggies, this clearly tells a different story than a single baggie of marijuana and a pipe or rolling papers.
Alternately, a single baggie of a controlled substance may ultimately end with charges of intent to distribute if you are also in possession of scales, large quantities of money, a bunch of empty baggies, or other things that would indicate you intended to distribute the controlled substance.
Texas Controlled Substance Act
Section 481.122 of the Texas Health and Safety Code is known as the Texas Controlled Substance Act, and discusses the various schedules for types of drugs. Each schedule dictates the associated penalties, the weight tolerances for each associated penalty, and an in-depth look at the legal definitions of every detail of your or your loved one’s arrest. The schedules go from I to V, and are treated with varying degrees of severity based on possible medical use, the risk of abuse, and other factors. Schedules are also used by the DEA, and if charges are elevated to federal charges, the DEA schedules will be the ones used in the case, not the Texas schedules.
Currently, Texas does not have relaxed marijuana laws (other than a very limited medical marijuana program) like some other states, meaning that marijuana is treated as a Schedule I drug and carries severe penalties. This may change as states legislate to relax restrictions on marijuana, but for now, this is not the case in Texas.
Schedule a Free Case Evaluation with a Fort Worth Drug Distribution Attorney
If you or a loved one is facing charges of Possession with Intent to Distribute, do not wait to get in touch with our team. The sooner you are working with a criminal defense attorney in Fort Worth, the better chance you will have of negotiating bail, building a solid drug charge defense, and working towards a positive outcome in the case.
