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Possession with Intent to Distribute

An arrest for a drug crime can have significant consequences leading to a lifetime of extreme difficulties for an alleged offender. While simple possession of a controlled substance for personal use can often be a misdemeanor offense, any alleged intent to deliver the illegal drug is an aggravating factor that frequently results in felony charges.

Worse yet, an allegation of intent to distribute a controlled substance does not require an admission of such objective from the alleged offender. Authorities often base these types of criminal charges purely on circumstantial evidence.

Lawyer in San Antonio, Texas for Possession with Intent to Distribute

Were you recently arrested in Texas for possessing a controlled substance with an alleged intent to deliver? You should seek legal representation as soon as possible.

The experienced San Antonio criminal defense attorneys of Goldstein, Goldstein, Hilley & Orr fight to get drug charges reduced or completely dismissed. Call 210-226-1463 or complete an online contact form right now to take advantage of a free, confidential consultation that will let our lawyers review your case.


Bexar County Possession with Intent to Deliver Information Center


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Types of Evidence in Texas Possession with Intent to Distribute Cases

Unless police officers have personally observed people making a drug deal or the alleged offenders actually admit that they intended to sell a controlled substance, authorities will usually base their decision to file a possession with intent to distribute charge on one or more other types of evidence collected during an arrest.

Some of the most common factors that lead to a person allegedly having the intent to deliver an illegal drug include, but are not limited to:

  • Large quantity of a controlled substance not consistent with personal use;
  • Large amounts of cash;
  • The way the drugs are packaged, such as if they are contained in individual baggies of certain weights;
  • Paraphernalia such as scales, baggies, or other packaging materials;
  • The quality or purity of the controlled substance;
  • Clean drug tests, as absence of controlled substances in the systems of alleged offenders implies they were sellers rather than users;
  • The location of the arrest, if the alleged offender was apprehended in an area that police have arrested others for drug crimes; or
  • Voicemail or text messages to the alleged offender from other parties asking about controlled substances.

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Possession with Intent to Deliver Penalties in San Antonio

The possible sentences for possession of an illegal drug with alleged intent to distribute depend on the penalty group that the controlled substance falls into under state law. The Texas Health and Safety Code divides controlled substances into six penalty groups, with each group carrying different penalties for different thresholds.

The possible consequences include:

Penalty Group

Amount

Classification

Penalties

Penalty Group 1
(Cocaine, Gamma-Hydroxybutyric Acid [GHB], Heroin, Hydrocodone, Methamphetamine, Oxycodone, and many other opiates)

Less than one gram

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

One gram or more but less than four grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

Four grams or more but less than 200 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

200 grams or more but less than 400 grams

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000

Penalty Group 1-A
(Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds)

Fewer than 20 units

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

20 or more units but fewer than 80 units

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

80 or more units but fewer than 4,000 units

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

4,000 or more units

Enhanced First-Degree Felony

Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000

Penalty Group 2 or 2-A
(3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Psilocybin [mushrooms], Amphetamine, Methaqualone, and other hallucinogens)

Less than one gram

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

One gram or more but less than four grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

Four grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000

Penalty Group 3 or 4
(3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Psilocybin [mushrooms], Amphetamine, Methaqualone, and other hallucinogens)

Less than 28 grams

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

28 grams or more but less than 200 grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

200 grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000

Marijuana
(Referred to as “marihuana” in the Texas Health and Safety Code, cannabis is in its own separate category)

One-fourth of an ounce or less

Class A misdemeanor

Up to one year in jail and/or fine of up to $4,000

Five pounds or less but more than one-fourth ounce

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

50 pounds or less but more than five pounds

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

2,000 pounds or less but more than 50 pounds

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

More than 2,000 pounds

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000


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Texas Resources for Possession with Intent to Distribute

San Antonio Council on Alcohol and Drug Abuse (SACADA) — SACADA is a nonprofit organization that provides education, youth prevention programs, and other services to prevent alcohol and drug abuse for people in Bexar County and 28 surrounding counties in South Central Texas. On this website, you can read recent news, view a calendar of upcoming events, and learn more about services offered by the organization. You can also take a survey to determine whether you may have an addiction and find information about classes and services.

San Antonio Council of Alcohol and Drug Abuse (SACADA)
7500 Highway 90
AT&T Building
Suite 100
San Antonio, Texas 78227
(210) 225-4741

Esperanza Area of Narcotics Anonymous (EANA) — Narcotics Anonymous is a “nonprofit fellowship or society of men and women for whom drugs had become a major problem." It uses a traditional 12-step model similar to that of Alcoholics Anonymous. EANA serves San Antonio and many surrounding cities and counties in South Central Texas. On this website, you can use a meeting locator to find a meeting near you and download a schedule of regular daily or weekly meetings.

The Texas Controlled Substances Act — You can view the full text of Title 6, Subtitle C, Chapter 481 of the Texas Health and Safety Code. The act covers the definitions of terms related to controlled substances, the complete breakdown of penalty groups in Texas, and the different drug crimes. The Controlled Substances Act essentially regulates every drug in the Lone Star State.


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Find a Lawyer for Possession with Intent to Deliver in San Antonio, TX

Following any arrest for possession of a controlled substance with allege intent to distribute, it is critical to immediately retain legal counsel. Goldstein, Goldstein, Hilley & Orr has been protecting the rights of people accused of criminal offenses in Bexar County since 1968.

Gerry Goldstein and Cynthia Orr are both Board Certified in Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization. Van Hilley is a former president of the San Antonio Bar Association. Don Flanary is currently a member of the Board of Directors for the Texas Criminal Defense Lawyers Association (TCDLA) and the San Antonio Criminal Defense Lawyers Association (SACDLA).

If you are facing intent to distribute charges or have been accused of any other drug crime, it is in your best interest to know what your legal options are. Our San Antonio criminal defense attorneys can provide an honest and thorough evaluation of your case as soon as you call 210-226-1463 to schedule a free consultation.

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Goldstein, Goldstein, Hilley & Orr
310 S St Mary's St #2900
29th Floor Tower Life Bldg.
San Antonio, TX 78205
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