Possession with Intent to Sell or Distribute
America’s so-called “War on Drugs” is allegedly trying to destroy the entire industry of buying and selling substances that those in power have decided are dangerous. They have, therefore, put a premium on attacking those that they believe are trying to sell drugs. Being convicted of intending to sell drugs carries a higher penalty than mere possession. While the War on Drugs targets users, too, and hurts everyone, those leading it to believe that by increasing sentences on the merchants of illegal substances, they can more effectively wipe out these substances, or at least continue their never-ending war.
What this means for you, if you’ve been charged with Intent to Deliver any controlled substance, is that you face tougher penalties if convicted. The penalties range widely and depend mostly on what illegal drug you are charged with possessing and how much you possess. Being a seller makes you a top target for the War on Drugs. An experienced criminal defense lawyer can help protect you and your rights.
Houston Intent to Sell Lawyer
Matt Horak is a former Harris County Assistant District Attorney who understands the mind of a prosecutor. He’s now a criminal defense attorney, representing and standing up for the rights of people accused of drug offenses in the Houston area. He knows both sides of the criminal justice system and will put that knowledge to work for you. He is also a member of NORML, who has been fighting for responsible drug laws.
Horak Law will find every hole in the prosecution’s argument and every mistake the police made and will use that to argue to get your charges reduced or dismissed. If you plead “Not Guilty,” Matt will fight hard for your acquittal. Call (713) 225-8000 for a consultation in which Matt will help you understand your charges and evaluate your case.
Defining Intent to Sell
The laws on controlled substances are actually found under the Texas Health and Safety Code. The Code uses the term “deliver” to mean “transfer, actually or constructively, to another a controlled substance.” The statute goes on to explicitly state that it is referring to the sale of drugs. So, when the law addresses “delivering” a controlled substance, it is referring to selling it.
There are six separate offenses listed for “Manufacture or Delivery of Substance.” Each, except one, pertains to the same basic offense, but penalties change depending on what substance it is. Every charge bans knowingly manufacturing, delivering and possessing the drugs with the intent to deliver. If you are caught with a large quantity of a controlled substance, the police will likely assume you are trying to sell it. If the prosecutor can determine he or she can prove beyond reasonable doubt that you had the large quantity because you wanted to sell it, the state can charge you with Manufacture or Delivery, and give you harsher punishment than you would receive if they can only prove you merely possessed it. A criminal defense lawyer could find holes in the prosecution’s
Different “Penalty Groups” for Different Substances
There are essentially six penalty groups. In the Health and Safety Code, the law lists substances under each penalty group. The Legislature, which made the law, determined this list, using subjective standards, and created penalties according to how much the accused possesses. Some samples are:
Penalty Group 1: Cocaine, heroin, methamphetamine, codeine, opium, oxycodone, Rohypnol:
|
Amount |
Charge |
Jail Time Range |
Fine (Up to) |
|
Less than 1 gram |
State Jail Felony |
180 days to 2 years |
$10,000 |
|
1-4 grams |
Second Degree Felony |
2-20 years |
$10,000 |
|
4-200 grams |
First Degree Felony |
Life, or 5-99 years |
$10,000 |
|
200-400 grams |
Enhanced First Degree Felony |
Life, or 10-99 years |
$100,000 |
|
More than 400 g |
Enhanced First Degree Felony |
Life, or 15-99 years |
$250,000 |
Penalty Group 1-A: LSD:
|
Amount (Units/Hits) |
Charge |
Jail Time Range |
Fine (Up to) |
|
Fewer than 20 |
State Jail Felony |
180 days to 2 years |
$10,000 |
|
20-80 |
Second Degree Felony |
2-20 years |
$10,000 |
|
80-4,000 |
First Degree Felony |
Life, or 5-99 years |
$10,000 |
|
More than 4,000 |
Enhanced First Degree Felony |
Life, or 15-99 years |
$250,000 |
Penalty Group 2: Mescaline, ecstasy, PCP, or
Penalty Group 2-A: Synthetic drugs, including synthetic cannabis:
|
Amount |
Charge |
Jail Time Range |
Fine (Up to) |
|
Less than 1 gram |
State Jail Felony |
180 days to 2 years |
$10,000 |
|
1-4 grams |
Second Degree Felony |
2-20 years |
$10,000 |
|
4-400 grams |
First Degree Felony |
Life, or 5-99 years |
$10,000 |
|
More than 400 g |
Enhanced First Degree Felony |
Life, or 10-99 years |
$100,000 |
Penalty Group 3: Xanax, Ritalin, Peyote, Valium, Barbital, Steroids, or
Penalty Group 4: Various prescription drugs:
|
Amount |
Charge |
Jail Time Range |
Fine (Up to) |
|
Less than 28 g |
State Jail Felony |
180 days to 2 years |
$10,000 |
|
28-200 grams |
Second Degree Felony |
2-20 years |
$10,000 |
|
200-400 grams |
First Degree Felony |
Life, or 5-99 years |
$10,000 |
|
More than 400 g |
Enhanced First Degree Felony |
Life, or 10-99 years |
$100,000 |
Marijuana is listed separately but carries similar penalties for a similar charge.
|
Amount |
Charge |
Jail Time Range |
Fine (Up to) |
|
Less than ¼ oz, but given and not for payment |
Class B Misdemeanor |
Up to 180 days |
$2,000 |
|
Less than ¼ oz, for payment |
Class A Misdemeanor |
Up to 1 year |
$4,000 |
|
¼ oz – 5 lbs. |
State Jail Felony |
180 days to 2 years |
$10,000 |
|
5-50 lbs. |
Second Degree Felony |
2-20 years |
$10,000 |
|
50-2,000 lbs. |
First Degree Felony |
Life, or 5-99 years |
$10,000 |
|
More than 2,000 lbs. |
Enhanced First Degree Felony |
Life, or 10-99 years |
$100,000 |
Horak Law | Manufacture or Delivery Lawyer for Harris County
If law enforcement has identified you as someone who manufactures or sells controlled substances, you are a major target for their War on Drugs. Don’t be left without the proper defense.
Matt Horak is an experienced criminal defense attorney in Houston who will fight for you. Any weakness in the prosecution could lead to your charges being reduced or dismissed. Call (713) 225-8000 for a consultation today.
