Possession with Intent
to Distribute Attorney
Serving Dallas, Texas

In 2018, law enforcement agencies in the United States made an estimated 1,654,282 arrests for drug law violations, of which 86.4% (1,429,300) were for drug possession. In Texas, drug possession charges have devastating collateral consequences that can affect your liberty, quality of life, and future opportunities. If convicted, the offender could be facing harsh penalties, including lengthy jail time, huge fines, and a criminal record.

If you have been arrested and charged with possession with intent to deliver in Texas, you need to retain a skilled and aggressive Texas drug possession attorney immediately to build your defense strategy. Attorney Tom Cox can help you understand your options. He can fight aggressively to protect your rights and help you seek fair treatment. A knowledgeable criminal defense attorney can provide the detailed guidance and aggressive representation you need.

Tom Cox is proud to serve clients in Dallas, Grand Prairie, Highland Park, Mesquite, Irving, University Park, and Dallas County, Texas.

Overview of Drug Possession in Texas

Texas laws prohibit individuals from intentionally possessing a controlled substance unless it was lawfully prescribed. Pursuant to Texas Health and Safety Code § 481.112.:

"A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in Penalty Group 1."

Some common factors that may lead to possession with intent to deliver allegations include:

  • A large quantity of a controlled substance exceeding the amount intended for personal use
  • Excessive amounts of cash
  • Packing drugs in individual bags of certain weights
  • Paraphernalia (equipment associated with drug dealing), such as scales, baggies, or other packaging materials
  • The place of the arrest
  • Voicemails, cell phone, or text messages showing communication with other parties requesting to purchase controlled substances

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Drug Schedules

The Controlled Substances Act (CSA) places all controlled substances into schedules according to the drug's acceptable medical use and its potential for abuse or dependency. 

  • Schedule I: Includes marijuana, heroin, peyote, LSD, hallucinogens, and ecstasy.
  • Schedule II: Include cocaine, opium, pure codeine, morphine, amphetamine, methamphetamine, fentanyl, hydrocodone, oxytocin, methadone, PCP, and Dexedrine.
  • Schedule III: Include depressants, ketamine, stimulants, codeine, buprenorphine, Vicodin, testosterone, Marinol, and anabolic steroids.
  • Schedule IV: These include Xanax, Ambien, Darvocet, Valium, Ativan, Soma, and tramadol. These substances can be used medically.
  • Schedule V: These include limited quantities of narcotic drugs, Parepectolin, Lyrica, Lomotil, and Motofen. They have reduced potential for abuse and can be used medically.

Possible Penalties by Penalty Group

The severity of the penalty will depend on the substance schedule, penalty group, quantity of the drug found in the defendant's possession, and the defendant's criminal record. If convicted, you could be facing:

Penalty Group 1

Substances include opiates, heroin, painkillers like hydrocodone, codeine, and oxycodone, peyote, methamphetamine, and ketamine. Possible penalties include:

  • Less than 1g – Fine of up to $10,000, and between 180 days and 2 years in a state jail 
  • Between 1g and 4g – Fine of up to $10,000, and 2 to 10 years in state prison
  • Between 4g and 200g – Fine of up to $10,000, and 2 to 20 years in state prison
  • Between 200g and 400g – Fine of up to $10,000, and 5 to 99 years in state prison
  • More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Penalty Group 1-A

Substances include Lysergic Acid Diethylamide (LSD), as well as its salts, isomers, and salts of isomers. Possible penalties include:

  • Less than 20 units – Fine of up to $10,000, and between 180 days and 2 years in a state jail
  • Between 20 and 80 units – Fine of up to $10,000, and 2 to 10 years in state prison
  • Between 80 and 4000 units – Fine of up to $10,000, and 2 to 20 years in state prison
  • Between 4000 and 8000 units – Fine of up to $10,000, and 5 to 99 years in state prison
  • More than 8000 units – Fine of up to $250,000, and 15 to 99 years in state prison

Penalty Group 2 or 2-A

These include hallucinogens, Ecstasy, PCP, Molly, Psilocybin, Amphetamine, and mescaline. Possible penalties include:

  • Less than 1g – Fine of up to $10,000, and between 180 days and 2 years in a state jail 
  • Between 1g and 4g – Fine of up to $10,000, and 2 to 10 years in state prison
  • Between 4g and 400g – Fine of up to $10,000, and 2 to 20 years in state prison
  • More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Penalty Group 3 or 4

Substances include opioids and opiates not listed in Penalty Group 1, anabolic steroids, sedatives like Valium, benzodiazepines, prescription drugs with a depressant, or stimulant effect. Possible penalties include:

  • Less than 28g – Fine of up to $10,000, and up to 2 years in county jail
  • Between 28g and 200g – Fine of up to $10,000, and 2 to 20 years in state prison
  • Between 200g and 400g – Fine of up to $10,000, and 5 to 99 years in state prison
  • More than 400g – Fine of up to $100,000, and 10 to 99 years in state prison

Marijuana

Marijuana, referred to as "marihuana" in the Texas Health and Safety Code, remains illegal in the State of Texas. Possible penalties include:

  • Less than ¼ ounces – Fine of up to $4,000, and up to 1 year in county jail
  • Between ¼ ounces and 5 pounds – Fine of up to $10,000, and up to 2 years in county jail
  • Between 5 and 50 pounds – Fine of up to $10,000, and 2 to 20 years in state prison
  • Between 50 and 2000 pounds – Fine of up to $10,000, and 5 to 99 years in state prison
  • More than 2000 pounds – Fine of up to $100,000, and up to 10 to 99 years in state prison

Why Having Legal Counsel is Necessary

Defending your drug possession with intent to deliver charges without proper guidance from an experienced attorney can increase your prospects of suffering the maximum penalties. If convicted, you could be facing life imprisonment and fines of up to $250,000, depending on the penalty group of the controlled substance found in your possession. This is why you need to retain a knowledgeable Texas drug possession attorney immediately to help protect your rights.

Attorney Tom Cox is committed to offering outstanding legal services and strong representation in drug law violation matters. As your legal counsel, he will review your case, conduct a thorough investigation, and determine your best defense strategy. Using his extensive knowledge, Tom Cox can help you navigate the Texas criminal justice system. He will fight vigorously on your behalf to help defend your rights.

Experienced Drug Possession Attorney Serving Dallas, Texas

If you're facing possession with intent to deliver charges, don't face it alone. Contact Tom Cox today to schedule a free one-on-one consultation and increase your chances at a brighter tomorrow. He will determine your best defense strategy and fight aggressively to refute the charges against you. Tom Cox proudly serves clients in Dallas, Irving, Grand Prairie, Highland Park, Mesquite, University Park, and Dallas County, Texas.