Possession with Intent to Deliver

Drug possession offenses carry stiff penalties in Texas, but the possible punishments can be even more severe if an alleged offender is accused of having had the intent to sell, distribute, or deliver the illegal drug. Proving the criminal intent of any alleged offender beyond a reasonable doubt is always a difficult task for a prosecutor, but many kinds of circumstantial evidence recorded by authorities during an arrest is often used to prove a supposed intent to deliver.

When a person is accused of possession of any controlled substance with intent to distribute, the prosecutor handling the criminal case will often portray the alleged offender as a danger to the community who needs to be taken off the streets. All possession with intent to sell crimes are felony offenses in Texas, meaning that convictions can result in lengthy prison sentences and steep fines, as well as a significant number of lifelong consequences.

Lawyer for Possession with Intent to Deliver Arrests in Conroe, TX

If you were arrested for possession of a controlled substance with alleged intent to sell in Montgomery County or Harris County, it is in your best interest to exercise your right to remain silent until you have legal representation. Evans & Powell, PLLC aggressively defends clients accused of drug offenses in Porter Heights, Oak Ridge North, Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to possibly get your criminal charges reduced or dismissed. Call (936) 622-2000 right now to have our lawyers provide a complete evaluation of your case during a free initial consultation.


Overview of Possession with Intent to Distribute in Montgomery County


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Evidence of Intent to Sell in Texas Drug Possession Cases

Proof of intent to deliver in controlled substance violation cases often involves various types of circumstantial evidence. In Branch v. State, 599 S.W.2d 324, 325 (Tex. Crim.App.1980), the Texas Court of Criminal Appeals considered the appeal of a man who was sentenced to life in prison after being convicted of possession with intent to deliver heroin.

In the decision affirming the judgment of the lower court, Judge Leon Burr Douglas wrote:

There is no statutory presumption regarding the evidence to prove possession with intent to deliver. We have not previously considered what constitutes sufficient evidence to prove the intent to deliver.

Other jurisdictions have generally concluded that evidence of large quantities of a controlled substance or evidence of large quantities coupled with other factors such as packaging material is sufficient to support an inference that the possession was with intent to deliver. E. g., United States v. Johnson, 469 F.2d 973 (5th Cir. 1973); State v. Boyd, 224 N.W.2d 609 (Iowa, 1974). Thus, other courts have upheld convictions for possession with intent to deliver based on the following factors: 133 pounds of marihuana, (Johnson, supra); 33 pounds of marihuana, two scales, and testimony that marihuana was packaged in a manner in which it was normally sold, (Boyd, supra); enough marihuana to make 600 cigarettes, (State v. Sibley, 310 So.2d 100 (La.1975)); 15 pounds of marihuana, two scales and plastic baggies, (Daygee v. State, 514 P.2d 1159 (Alaska, 1973)); and slightly less than one pound of marihuana packaged in "lid" quantities, (State v. Sullivan, 190 Neb. 621, 211 N.W.2d 125 (1975)).

In the instant case, Branch was in possession of enough heroin to make 2,864 "hits." The heroin was secreted in various places through his vehicle. Some of it was packaged in small quantities. Branch, both on his person and in a paper bag, had nearly $8,000 in small bills. The only reasonable explanation for these facts is that Branch was actively engaged in the business of selling heroin. The evidence is sufficient.

Large quantities of a controlled substance and packaging material remain two common forms of evidence of an alleged intent to distribute a controlled substance. Other types of circumstantial evidence that may be used in an attempt to prove intent to sell include, but are not limited to:

  • Large amounts of cash;
  • Drug paraphernalia, such as baggies, scales, or other packaging materials;
  • Arrest location (if alleged offense occurred in area known for drug activity);
  • Electronic messages to the alleged offender from other parties; or
  • Quality or purity of the controlled substance.

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Possession with Intent to Distribute Penalties in Montgomery County

The Texas Controlled Substance Act establishes multiple criminal offenses for the alleged manufacture or delivery of a controlled substance. People can be charged with these crimes if they knowingly manufacture, deliver, or possess with intent to deliver a controlled substance listed in a certain Penalty Group.

The possible consequences of possessing with intent to sell a controlled substance depends on the amount of the illegal drug that was allegedly possesses as well as the Penalty Group the controlled substance is classified under:

Penalty Group

Amount

Classification

Penalties

Penalty Group 1
Texas Health and Safety Code § 481.112
(Cocaine, Heroin, Methamphetamine, Gamma-Hydroxybutyric Acid [GHB], Oxycodone, Hydrocodone, and other opiates)

Less than one gram

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

1 gram or more but less than 4 grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

4 grams or more but less than 200 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

200 grams or more but less than 400 grams

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000

Penalty Group 1-A
Texas Health and Safety Code § 481.1121
(Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds)

Fewer than 20 units

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

20 or more units but fewer than 80 units

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

80 or more units but fewer than 4,000 units

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

4,000 or more units

Enhanced First-Degree Felony

Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000

Penalty Group 2 or 2-A
Texas Health and Safety Code § 481.113
(Amphetamine, 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Psilocybin [mushrooms], Methaqualone, and other hallucinogens)

Less than 1 gram

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

1 gram or more but less than 4 grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

4 grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000

Penalty Group 3 or 4
Texas Health and Safety Code § 481.114
(3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], Psilocybin [mushrooms], Amphetamine, Methaqualone, and other hallucinogens)

Less than 28 grams

State Jail Felony

Up to two years in state jail and/or fine of up to $10,000

28 grams or more but less than 200 grams

Second-Degree Felony

Up to 20 years in prison and/or fine of up to $10,000

200 grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison and/or fine of up to $10,000

400 grams or more

Enhanced First-Degree Felony

Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000


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Texas Resources for Possession with Intent to Sell Offenses

Montgomery County Narcotics Enforcement Team (MOCONET) — The mission of the MOCONET High Intensity Drug Trafficking Area program (HIDTA) Initiative is “to measurably reduce Drug Trafficking Organizations (DTO) and Money Laundering Organizations (MLO) by disrupting, dismantling, and successfully prosecuting narcotics trafficking organizations involved in the importation, transportation, manufacture, distribution, sale, or use of illegal drugs domestically manufactured or smuggled across U.S. borders.” Visit this website to learn more about MOCONET and how it carries out its objectives. You can also find information about some of the other agencies that MOCONET partners with.

Montgomery County Sheriff's Office
1 Criminal Justice Dr.
Conroe, TX 77301
(936) 760-5800

Texas | Families Against Mandatory Minimums (FAMM) — FAMM identifies itself as “a nonprofit, nonpartisan organization fighting for smart sentencing laws that protect public safety.” On this Texas section of its website, you can find information about mandatory minimum laws in Texas and quick facts about the state’s prison population. You can also find ways to advocate for sentencing reform.


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Evans & Powell, PLLC | Conroe Possession with Intent to Deliver Defense Attorney

Were you arrested in Montgomery County or Harris County for allegedly possessing a controlled substance with intent to distribute? Do not say anything to authorities without legal counsel. You will want to quickly contact Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell represents individuals in communities all over Montgomery County and Harris County, including Willis, Woodbranch, Patton Village, Pinehurst, Splendora, Magnolia, and several others. Our attorneys can review your case and answer all of your legal questions when you call (936) 622-2000 or submit an online contact form to receive a free, confidential consultation.



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