Understanding Possession with Intent to Distribute: First Offense

• What is Possession with Intent to Distribute?
  
• Possession with Intent to Distribute in Texas
  
• Group 1: High-Abuse Substances
  
• Group 2: High-Abuse Substances (Hallucinogens)
  
• Group 3: Lower-Abuse Substances (Xanax and Acid)
  
• Group 4: Lower-Abuse Substances (Prescription Drugs)
  
• Consequences of a First Offense
  
• What to Consider When Facing Charges
  
• Seeking Legal Guidance is Vital

What is Possession with Intent to Distribute?

Possession with intent to distribute is a legal term that refers to holding drugs that are destined to fulfill the final goal of delivering them to others by selling, delivery, or distribution. This particular crime is viewed by law enforcement authorities as being the most urgent one, the one which should be addressed as soon as possible. The purpose of this regulated policy is to facilitate the process with specific rules set in place to minimize adverse health and safety effects. When it comes to the distribution of illegal substances you break many laws and also you can contribute to the difficult process of harm and danger for the public which makes the fight against the issue a matter that every legal system wants to achieve.

The Federal Law imposes penalties on possession with the intent to distribute, which are regulated by the Controlled Substances Act that is enforced by the Drug Enforcement Administration (DEA). Under this act, substances are classified in different schedules based on the probability of harm and legitimate medical use.

Substances listed under Schedule I are considered the most dangerous, whereas those under Schedule V have a lower likelihood of being abused and have medical applications that are already approved. Such drugs are characterized by the Schedule I classification which entails heroin, LSD, and ecstasy, whereas the substances included in Schedule V have low doses of codeine or opium.

Persons charged with possession with intent to distribute by and large normally hold substantial quantities of illegal drugs that they meant to sell to make money. At other times law enforcement can appraise the intent using means like drug paraphernalia, packaging materials, scales, and huge amounts of cash.  To secure a conviction for possession with intent to distribute, prosecutors must prove beyond a reasonable doubt that the defendant knowingly possessed the substances and intended to distribute them. The concept of "beyond a reasonable doubt" is a high standard of proof in criminal cases, requiring the prosecution to present strong and convincing evidence.

Related: If Drugs Are Found in A House, Who is Responsible?

Possession with Intent to Distribute in Texas

Distributing intention in the state of Texas depends on several factors but can go as high as a $250000 fine and up to 99 years in prison in case of the type and quantity of the substance. In addition to this, the offense is given an even tougher sentence if it happens within a particular distance from educational establishments, playgrounds, or other special areas.

It is also important to point out that charges for possession and possession with intent to distribute drugs are not the same in many cases. Both are serious drug crimes, although possession with intent to distribute charge is more severe in outcome.

• Possession: This includes having custody or control of any kind of controlled or illegal substance to represent that an individual is in a situation where they have physical possession or otherwise can exercise control over these substances, no matter if they are items in question are located on the person, within the residence or within another location that the individual has access to.
• Intent to Distribute: This goes beyond mere possession of illegal drugs and involves the intention of selling drugs, delivering, or sharing these substances with others. It implies that there is a plan or desire to transfer the controlled substances from the individual in possession of them to other parties, which can involve various methods of distribution and can be inferred from the quantity of substances, packaging, or communications related to the substances.

The laws surrounding this offense are outlined in the Texas Controlled Substances Act (TCSA), which classifies controlled substances into different penalty groups based on their potential for harm and abuse.

Related: Controlled Substance - Texas

Group 1: High-Abuse Substances

This category includes highly addictive substances such as cocaine, opium, date rape drugs, and methamphetamines. Possession of:



• Up to 4 grams: This can result in up to 20 years in prison, a fine of up to $10,000, and a second-degree felony charge.
• Up to 200 grams: Carries a penalty of up to 99 years in prison, a fine of up to $10,000, and a second-degree felony charge.

200+ grams: Results in up to 99 years in prison, a fine of up to $250,000, and an enhanced first-degree felony charge.

Group 2: High-Abuse Substances (Hallucinogens)

This category includes hallucinogenic substances. Possession of:



• Up to 4 grams: Can lead to up to 20 years in prison, a fine of up to $10,000, and a second-degree felony charge.
• Up to 400 grams: Carries a penalty of up to 99 years in prison, a fine of up to $10,000, and a first-degree felony charge.
• 400+ grams: Results in up to 99 years in prison, a fine of up to $100,000, and an enhanced first-degree felony charge.

Group 3: Lower-Abuse Substances (Xanax and Acid)

This category includes substances like Xanax and acid. Possession of:



• Less than 28 grams: This can result in up to 2 years in prison, a fine of up to $10,000, and a state jail felony charge.
• Up to 200 grams: Carries a penalty of up to 20 years in prison, a fine of up to $10,000, and a second-degree felony charge.
• Up to 400 grams: Results in up to 99 years in prison, a fine of up to $10,000, and a first-degree felony charge.
• 400+ grams: Leads to up to 99 years in prison, a fine of up to $100,000, and an enhanced first-degree felony charge.

Group 4: Lower-Abuse Substances (Prescription Drugs)

This category includes prescription drugs. Possession of:



• Less than 28 grams: This can be punishable by up to 2 years in prison, a fine of up to $10,000, and the charge of a state jail felony.
• Up to 200 grams: Sentences of up to 20 years in prison, fines of up to $10,000, and a classification as a second-degree felony crime.
• Up to 400 grams: You can face imprisonment for up to 99 years, be fined up to $10,000, and be charged with a first-degree felony.
• 400+ grams: Imposition on conviction of an offender of up to 99 years in prison, a fine of $100,000, and a promotion to a first-degree felony.

Consequences of a First Offense

The person charged for the first time under the distribution of intent law might face severe legal consequences that may impede the usual progress of their lives in the future. It's crucial to understand the potential consequences involved, which may include:

• Criminal Record: A conviction can result in a permanent mark on your criminal record.
• Prison Time: Depending on the severity of the offense, individuals may face incarceration.
• Fines: Heavy fines can be imposed as part of the penalty.
• Probation: Probation terms may be assigned, requiring adherence to specific conditions set by the court.
• Driver's License Suspension: In some cases, driving privileges may be suspended.
• Community Service: A court may order community service as part of the sentence.

Related: Can You Get in Trouble for Texting About Drugs in Texas?

In Texas, the penalties and charges for first-time offenders can vary widely depending on the specific crime committed. However, here is a general overview of potential fines and imprisonment for some common categories of offenses:

1. Class C Misdemeanor: This is the least serious type of crime in Texas, often including things like minor traffic violations. Penalties typically do not include jail time but may involve a fine of up to $500.
2. Class B Misdemeanor: This category includes crimes like first-time driving while intoxicated (DWI) with a blood alcohol content under 0.15% or possession of up to 2 ounces of marijuana. Penalties can include up to 180 days in county jail and a fine of up to $2,000.
3. Class A Misdemeanor: Offenses such as a second DWI or theft of property valued between $750 and $2,500 fall into this category. Penalties can include up to 1 year in county jail and a fine of up to $4,000.
4. State Jail Felony: This includes crimes like possession of 1 to 4 grams of a controlled substance or theft of property valued between $2,500 and $30,000. The penalties can range from 180 days to 2 years in a state jail facility and fines up to $10,000.
5. Third-Degree Felony: Crimes such as a third DWI or possession of 5 to 50 pounds of marijuana fall here. The penalties can range from 2 to 10 years in prison and a fine of up to $10,000.
6. Second-Degree Felony: This includes more serious crimes, such as aggravated assault. Penalties can range from 2 to 20 years in prison and fines up to $10,000.
7. First-Degree Felony: The most serious non-capital crimes, such as attempted capital murder, fall into this category. Penalties can range from 5 to 99 years or life in prison and a fine of up to $10,000.
8. Capital Felony: In Texas, a capital felony, such as capital murder, could result in life imprisonment without the possibility of parole or the death penalty, depending on the specifics of the case and the age of the offender.

It is worth noting that the crime specifics, the existence of aggravating or mitigating circumstances, and the jurisdiction can lead to imposing a different mandatory minimum sentence and exact penalties for first-time offenders. Further, legal representation and the case details can contribute to the decision.

What to Consider When Facing Charges

If you find yourself in a situation involving possession with intent to distribute as a first offense, it's essential to consider the following aspects:

• Legal Representation: Look for competent legal representation and ask a seasoned criminal defense lawyer to guide you through the criminal process with all its different aspects.
• Understanding the Charges: Be well informed as you learn about the various charges that you may be facing and what the possible consequences might be.
• Cooperation with Legal Counsel: Work closely with your attorney to build a strong defense strategy.
• Exploring Options: Explore potential plea deals or diversion programs that could lead to reduced charges or penalties.
• Future Implications:  Know and understand what a conviction may do to your future including job and housing opportunities.

Seeking Legal Guidance is Vital

Handling a charge of illegal drug possession with intent to distribute, particularly for first-time offenders, is a daunting task. Consulting experienced lawyers, understanding the grave situation, and taking all the opportunities given are fundamental actions that try to minimize consequences and get the best outcome. The law is also a part of that decision-making; and to preserve your rights and prospects, you must act proactively and wisely.

The Law Office of Rolando Cantu Specializes in Client Care. With legal issues becoming ever more complicated, it is imperative to know and consult a qualified attorney, such as that of the Law Office of Rolando Cantu. As a defense lawyer with more than 15 years of experience against drug-related charges, Attorney Rolando Cantu has prevailed in the trial of many clients. He was a former prosecutor, so, he knows not only about the defendants’ side but also how to build up the defense strategy he develops for each client. Our legal team has the right skills and experience for this level of cases to work for you around the clock and ensure your rights will be respected 100% and the best possible outcome for you. Contact us today so we can discuss your website. Our office is your legal support in times like this, when everything becomes more complicated.