Drug Distribution or Dealing in TX
Distributing drugs is a serious offense in Texas. Being convicted of distributing drugs can result in harsh penalties, including a possible prison sentence.
A person can be convicted of drug distribution when they manufacture, transport, deliver, sell, or distribute certain drugs. In some cases, you can be convicted of drug distribution by simply possessing a large quantity of drugs.
If you have been arrested on drug distribution charges in Denton, Frisco, Lewisville, or other Texas cities, contact the Law Office of Brent D. Bowen, PLLC. Our experienced Denton drug distribution defense attorney will fight for your best interests and freedom to help you get a reduction or dismissal of the charges.
Drug Distribution Penalty Groups in Texas
Texas criminal law recognizes five penalty groups based on the drug’s medicinal value and risk of addiction:
- Penalty group 1 contains illegal substances with the highest addiction risk and no medicinal use. Penalty group 1 drugs include cocaine, Methamphetamine, methadone, oxycodone, heroin, fentanyl and ketamine.
- Penalty group 1-A contains only one drug – lysergic acid diethylamide, commonly known as LSD – that has a very high risk of addiction and no medicinal value.
- Penalty groups 2 and 2-A include controlled substances with a high potential for abuse and addiction. Most of the drugs have little to no medicinal use. Penalty group 2 and 2-a drugs include MDMA, Tetrahydrocannabinols (THC other than green leafy marijuana) synthetic cannabinoids (known as “spice”), psilocybin (mushrooms), and mescaline, among others.
- Penalty group 3 contains drugs with a lower rate of abuse compared to the first two penalty groups. Some of the drugs within the group can be sued for medicinal purposes. Penalty group 3 drugs include Lorazepam, Alprazolam, Clonazepam, Diazepam, Pentobarbital, Methylphenidate (Ritalin), as well as opioids and opiates not listed in penalty group 1.
- Penalty group 4 contains drugs with the lowest risk of abuse. Most of these drugs have some medicinal value. Penalty group 4 drugs include ethylmorphine, codeine, diphenoxylate, and a wide range of prescription medications.
What are the Penalties for Drug Distribution in Texas?
The penalties associated with a drug distribution or dealing conviction in Texas depend on several factors, including:
- The penalty group of the illegal drug
- The type and quantity of the controlled substance
- The distribution area
Broadly speaking, the penalties for drug distribution range from up to $10,000 to up to $250,000 in fines in addition to a maximum prison or jail sentence from 180 days to 99 years.
What are the Defenses to Drug Distribution Charges in Texas?
If you have been arrested on drug distribution charges in Texas, there are several possible defenses that could help you avoid a conviction. However, as with other drug crimes, it is essential to consult with a skilled criminal defense attorney to help you identify the right defense strategy for your particular case.
Potential defenses to drug distribution charges include:
- You did not possess the drug
- You did not know that a drug was in your possession
- The drugs were planted
- The evidence was tampered with or went missing
- The police violated your constitutional rights when conducting a search and seizure
- The drug was not intended for consumption
- You were a victim of fraud, duress, or undue influence
Speak with our Denton drug distribution attorney at the Law Office of Brent D. Bowen, PLLC, to identify the best defense strategy for your specific circumstances. Schedule a consultation with our results-driven lawyer by calling (940) 222-2488 or completing our contact form.