Posted on 7/12/21

Drug possession and drug distribution are two different crimes in Texas. However, many people do not understand the differences between these two unique crimes. Whether you have been arrested for drug distribution or drug possession in Texas, you must understand the nature of the charge against you. We will provide an overview of the difference between drug distribution and drug possession in Texas. 

The Crime of Drug Possession in Texas

Under Texas law, illegal drugs, also known as controlled substances, are classified based on how dangerous they are for users. Anyone who knowingly and intentionally possesses a controlled substance without a valid prescription can face charges for criminal drug possession in Texas. Cocaine, heroin, marijuana, methamphetamine, and many other drugs are considered controlled substances. Suspects can also be convicted of drug possession for possessing legitimate pharmaceutical drugs without a valid prescription. The penalties for drug possession depend on several different factors, including the following:

  • The schedule of the controlled substance

  • The suspects past criminal convictions

  • The amount of the controlled substance with which the defendant was caught

  • The method of storage of the drug, and

  • Whether the defendant was also in possession of drug paraphernalia

The Crime of Drug Distribution in Texas

Drug distribution is a more serious crime with more serious penalties than drug possession. When a defendant is charged with drug distribution, law enforcement and prosecutors have reason to believe that he or she was selling a controlled substance or plan to sell it. When the defendant had such a large quantity of cash or individual baggies of controlled substances, prosecutors can use these facts as evidence of drug distribution. 

However, prosecutors do not have to prove that the defendant intended to sell drugs. For example, many defendants are charged with drug distribution simply because they were in possession of large quantities of a controlled substance. The Texas criminal code states which quantities of each type of controlled substance constitute drug distribution.

The severity of the penalties for drug distribution depends on the amount of controlled substance involved and the type of controlled substance. Schedule I controlled substances are the most dangerous and carry the most severe penalties. Depending on these factors, a convicted defendant could spend anywhere between 180 days and a life sentence in prison. Texas law also imposes fines ranging from $10,000 to $250,000 for drug distribution charges.

Contact a Fort Worth Drug Possession Lawyer Today

If you have been charged with drug possession or drug distribution in Texas, it is crucial that you speak to a lawyer as soon as possible. An effective criminal defense lawyer may be able to negotiate your charges from drug distribution to drug possession. Depending on the facts in your case, your lawyer may be able to get the charges dismissed entirely, especially if law enforcement officers violated your constitutional rights. Contact the Dallas/Fort Worth criminal defense lawyers at Abel Law Firm today to schedule your initial consultation.

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