Drug Possession vs Drug Distribution in Texas

November 4th, 2020 by Tad Nelson in Drug Crime

Being convicted of a drug-related crime comes with serious penalties, including hefty fines and significant jail time. Certain types of drug offenses, however, including distribution of a controlled substance, come with particularly harsh penalties, so if you were recently accused of possessing or distributing drugs, it is important to contact an experienced drug charges lawyer in Houston, Galveston, or League City who can help you start building a strong defense. 

Drug Possession Charges

Texas law prohibits the possession of certain types of drugs, known as controlled substances, which are classified based on their perceived danger, whether they have an acceptable medical use, and their potential for dependency. Schedule I drugs, for instance, are deemed the most dangerous and include substances such as heroin, LSD, and ecstasy. Schedule II drugs, on the other hand, while considered to have a high potential for abuse are considered somewhat less dangerous. This category includes cocaine, methamphetamines, oxycodone, and fentanyl in amounts totaling less than 15 milligrams. Examples of Schedule III drugs include products containing less than 90 milligrams of codeine, ketamine, or anabolic steroids, while Schedule IV drugs include Xanax, Soma, Ambien, and Valium. Finally, Schedule V drugs, which are defined as having the lowest potential for abuse, include cough preparations with less than 200 milligrams of codeine or 100 milliliters of Robitussin. 

drug deal

Under both state and federal law, anyone who is found intentionally and knowingly possessing one of these substances without a valid prescription can be charged with drug possession. The severity of the penalties faced by those who are convicted of this offense will vary depending on a number of different factors, including the type of controlled substance in question, whether they have a prior criminal record, how much of the substance was in their possession, and whether they were also found in the possession of drug paraphernalia. Drug possession is not, however, the most serious crime that a person who is found with drugs on his or her person can face. 

Drug Distribution Charges

Drug distribution is a more serious offense than simple possession, as it indicates that law enforcement had reason to believe that a defendant wasn’t just possessing the drug for personal use, but was intending to sell it. Whether a person is charged with possession or distribution depends on a couple of different factors, including whether he or she had a significant amount of cash or individual baggies on his or her person. It is also not uncommon, however, for a person to be charged with this offense simply because he or she had a lot of the substance in his or her possession. Fortunately, it is possible to defend oneself against unfair charges of distribution, so if you were recently arrested for possessing or distributing a controlled substance, you should speak with an attorney who can help you begin building a strong defense. 

Call Today for Help with Your Case

To speak with an experienced Houston drug charges lawyer about your own pending criminal charges, please call The Law Offices of Tad Nelson & Associates at 281-962-7817. You can also reach a member of our legal team by completing one of our brief online contact forms.

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