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Possession with the Intent to Distribute

In most cases, individuals convicted of possessing drugs with the intent to distribute them, are punished more harshly than those who are just simply possessing them for personal use. In order to determine if the drugs were to be distributed, law enforcement officers rely on a variety of factors.

Some of these factors can include the presence of large amounts of cash, amounts of drugs that are not consistent with personal use, weapons, scales, and packaging material, among others. If these factors are present, they could lead to an arrest for possession with intent to distribute. 

Austin Defense Attorney for Possession with Intent to Distribute

If you have been arrested for possession with intent to distribute, you could potentially be facing years behind bars. However, being charged with a serious drug crime does not necessarily mean that you will be convicted of the offense. Kevin Bennett, an experienced possession with intent to distribute attorney in Austin can examine the weaknesses in the prosecution’s case that could lead to a dismissal of your charges.

 The Law Office of Kevin Bennett represents individuals in Austin, Pflugerville, Lakeway, Rollingwood, West Lake Hills, Lago Vista, West Lake Hills, Sunset Valley, and Travis County who have been accused of possession with intent to sell. Contact him today at (512) 476-4626 to set up your free consultation.


Texas Laws on Possession with Intent to Distribute


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Section 481.112 of the Texas Controlled Substances Act

Section 481.112 of the Texas Controlled Substances Act states that it is illegal for an individual to knowingly possess, deliver, or manufacture any controlled substance with the intent to distribute it.

Penalties for possession with intent to distribute depend on the amount of the drug that was found, as well as which penalty group the drug is categorized in, with the penalties for drugs in Group IV being the least severe and drugs in Group I being the most severe.

Often, the narcotics themselves are the main evidence in a PWID case. Sometimes, they are the only evidence. Your Austin drug lawyer may be able to contest the search and seizure, seeking for the evidence to be thrown out. Without that evidence, prosecutors may have no choice but to reduce or drop your charges.


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Controlled Substance Penalty Group Classifications

The penalty groups in Texas are outlined under sections 481.101 – 481.105 of the Texas Health and Safety Code. The drugs are categorized based on how addictive or harmful they are perceived to be. Common drugs in each penalty group include:

Penalty Group I – Cocaine, Codeine, Marijuana, Opium, Methamphetamines, Ketamine, Methadone, Oxycodone, and Methadone.

Penalty Group II – Ecstasy, Methaqualone, and Amphetamine.

Penalty Group III – Valium, Methylphenidate, Xanax, and Lysergic Acid Diethylamide (LSD).

Penalty Group IV – Compounds or mixtures that contain limited amounts of controlled substances, and one or more active medical ingredients.


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Penalties for Possession with Intent to Distribute Drugs from Penalty Group III and IV

If an individual is found with less than 28 grams of a drug from Penalty Group III or IV, he or she can be charged with a state jail felony which is punishable by up to two years in jail, and/or up to a $10,000 fine.

If the amount possessed from either group is between 28 grams and 200 grams, the offender faces a second-degree felony and faces between two and 20 years in prison, and/or a fine of up to $10,000.

For 200 to 400 grams of a drug in either group, an individual can be charged with a first-degree felony. A first-degree felony is punishable by between five and 99 years of imprisonment, and or up to a $10,000 fine.

In scenarios involving 400 or more grams of a controlled substance from Penalty Group III or IV, an individual can be sentenced to between 10 and 99 years in prison, and/or a fine of up to $100,000.


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Penalties for Possession with Intent to Distribute Drugs in Penalty Groups I and II

An offender can be charged with a state jail felony if he or she is found with less than one gram of a substance from Penalty group I or II. A state jail felony carries a potential sentence of up to two years behind bars, and/or a fine of up to $10,000.

If the amount found is between one and four grams of a controlled substance from either group, the defendant will face second-degree felony charges, and can be punished by between two and 20 years of imprisonment, and/or be ordered to pay up to a $10,000 fine.

For between four and 200 grams of a controlled substance from Penalty Group I, or between four and 400 grams of a drug from Penalty Group II, an individual can be charged with a first-degree felony. This offense is punishable by between five and 99 years in prison, and/or a fine of up to $10,000.

If the amount found is between 200 and 400 grams of a narcotic from Penalty Group one, or 400 grams or more of a drug from Penalty Group II, the individual can be charged with a life felony and sentenced to 10 to 99 years behind bars, and/or up to a $100,000 fine.

If the amount is 400 or more grams and the drugs fall under Penalty Group I, an individual can face between 15 and 99 years behind bars, and/or be ordered to pay a fine of up to $250,000.


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The Law Office of Kevin Bennett | Intent to Distribute Defense Attorney in Travis County

Contact Kevin Bennett today to set up a consultation about your alleged drug charges. The Law Office of Kevin Bennett tactically represents clients who have been charged with possession with intent to sell in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway, West Lake Hills, and the surrounding areas.

Call The Law Office of Kevin Bennett today at (512) 476-4626 so that Kevin Bennett can begin reviewing your case and planning your defense.