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Possession with Intent to Deliver

Possession with Intent to Deliver

Usually, the image of drugs being exchanged or transported around in film or television is followed by a scene of someone throwing millions into the air and screaming of joy. However, the legal consequences for every single individual forming part of those exchanges are never fully drawn out. The reality is forming part of the smallest bit of those exchanges in itself can result in a charge known as possession with intent to deliver.

In 2018, the National Institute on Drug Abuse released a published study on the drug patterns found in Texas. One of the main focuses of the research involved the abuse of the most commonly known illicit drugs, such as opiates and stimulants. Texas showed an increase in treatment admissions caused by lesser-known opiates and deaths with a mention of substance.

There is also a steady pattern found with the use of methamphetamine, where the number of deaths relating to methamphetamine was the highest, it had ever been, in 2017. Because the state of Texas plans to reduce the abuse, and ultimately damage caused by such illicit drugs, they are keen on pushing for more stringent laws involving their delivery. If you’re caught with possession with intent to deliver, it’s best to seek a possession with intent to deliver lawyer as soon as possible.

Possession with Intent to Deliver Lawyer in Houston, TX

A possession with intent to deliver charge 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, PLLC 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 


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Possession with Intent to Deliver Offense

According to the Texas Health and Safety Code § 481.002 ruling the different definitions of key phrases found inside the codes, “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.


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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.


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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.


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Attorney for Possession with Intent to Deliver in Houston, TX

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, PLLC is a criminal defense firm that specializes in various practice areas, including those of drug crimes.

At The Gonzalez Law Group, PLLC, 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.

We work with clients in Harris County, Fort Bend County, Brazoria County, Galveston County, Waller County, Chambers County, Montgomery County, Liberty County, and more. Call our office today.