If you’re charged with possession with intent to deliver, it’s best to seek a skilled criminal defense attorney as soon as possible. A charge of this nature has a sentence of incarceration starting at 180 days. Your future, as well as your family’s, is at stake. You need to seek legal counsel with experience in these types of criminal defense cases. Our team of criminal defense lawyers at The Gonzalez Law Group is dedicated to each client’s case and wants to provide as much help as possible. Contact our office in Houston, TX, at (832) 530-4070 to get a free consultation. Our lawyer for possession with intent to deliver can meet with you and go over your case to see if we can represent you. We work with clients in Houston, Spring, Tomball, Waller, Kingwood, Katy, Cypress, Galveston, Clear Lake City, Galena Park, Pasadena, Deer Park, Jacinto City, Baytown, Jersey Village, La Porte, Kemah, Channelview, Bay City, Aldine, and more.
Overview of Possession with Intent to Deliver
- Possession with Intent to Deliver offense
- Possession with Intent to Deliver Penalties
- Additional Resources
Possession with Intent to Deliver Offense
According to the Texas Health and Safety Code § 481.002, “delivery” refers to a drug transaction or the act of transferring a controlled substance to another. By the law’s definition, this act is illegal, regardless of there being a formal business relationship between the two parties or not.
As stated by Texas Health and Safety Code § 481.112, an individual can be charged with possession with intent to deliver when they are aware that what they are doing is part of a delivery transaction. It can also involve any of the chemicals listed inside the various penalty groups. Because the offense doesn’t specifically go over every scenario in which an individual is labeled as having an intention to deliver, then the offense can be affected by many factors, including the amount of possession, nature of possession, and past criminal history.
Possession with Intent to Deliver Penalties
|
Penalty Group 1 |
Offense |
Fine |
Incarceration |
|
Less than 1g |
State Jail Felony |
Up to $10,000 |
180 days to 2 years |
|
1g to 4g |
Second Degree Felony |
Up to $10,000 |
2 years to 20 years |
|
4g to 200g |
First Degree Felony |
Up to $10,000 |
5 years to 99 years |
|
200g to 400g |
Up to $100,000 |
10 years to 99 years |
|
|
400g or more |
Up to $250,000 |
Life; 15 to 99 years |
|
|
Penalty Group 1-A |
Offense |
Fine |
Incarceration |
|
Less than 20 units |
State Jail Felony |
Up to $10,000 |
180 days to 2 years |
|
20 units to 80 units |
Second Degree Felony |
Up to $10,000 |
2 years to 20 years |
|
80 units to 4,000 units |
First Degree Felony |
Up to $10,000 |
5 years to 99 years |
|
4,000 units or more |
Up to $250,000 |
Life; 15 years to 99 years |
|
|
Penalty Group 2/2-A |
Offense |
Fine |
Incarceration |
|
Less than 1 g |
State Jail Felony |
Up to $10,000 |
180 days to 2 years |
|
1g to 4g |
Second Degree Felony |
Up to $10,000 |
2 years to 20 years |
|
4g to 400g |
First Degree Felony |
Up to $10,000 |
5 years to 99 years |
|
400g or more |
Up to $100,000 |
Life; 10 to 99 years |
|
|
Penalty Group 3/4 |
Offense |
Fine |
Incarceration |
|
Less than 28g |
State Jail Felony |
Up to $10,000 |
180 days to 2 years |
|
28g to 200g |
Second Degree Felony |
Up to $10,000 |
2 years to 20 years |
|
200g to 400g |
First Degree Felony |
Up to $10,000 |
5 years to 99 years |
|
400g or more |
Up to $100,000 |
Life; 10 to 99 years |
The penalty for possession with the intent to deliver can be aggravated to a higher offense if it involves the presence of a child. Texas Health and Safety Code § 481.1122 states that a state jail felony or second-degree felony can increase by one degree if it is revealed that the offense involved a child younger than 18 years old. The penalty for the possession amount between 200 to 400 grams is increased to $150,000, while the penalty for the possession amount of more than 400 grams increases to at least 20 years of incarceration and up to $300,000 in fines.
On the other hand, penalties for possession with intent to deliver, do not need to apply if an individual has the substance legally prescribed by a doctor. The specific dose of drugs prescribed by a doctor includes such as those of low-THC cannabis. A certified organization dispensing such prescriptions of low-THC cannabis is also exempt from the law. As always, all penalties are ultimately up to the court and judge.
Additional Resources
Texas Criminal Coalition Page – The Texas Criminal Coalition is an organization dedicated to advocacy and conducting research studies involving criminal justice inside the state and the county. In this page, you can find previous research studies involving specific crimes and target groups.
Texas Health and Safety Code Page – The Texas legislature copies available online. You can go through this page and find the specific statutes mentioned above, as well as other ones involving other drug crimes.
Contact a Houston Criminal Defense Attorney
Getting charged with possession with intent to deliver has serious consequences under Texas law, and you have to be careful when speaking to authorities. The best plan is to contact a criminal defense attorney for possession with intent to deliver, so they can review your case and advise you on what to do next. The Gonzalez Law Group is a criminal defense firm that specializes in various practice areas, including those of drug crimes.
At The Gonzalez Law Group, we understand how difficult it is to be charged with any crime, especially one involving drugs. If we take your case, we can represent you in front of legal authorities. Call our office at (832) 530-4070 for a free consultation or feel free to fill out one of our blank forms at the bottom.
