Houston Drug Distribution Attorney

What You Need to Know about Distribution of a Controlled Substance in Texas

Distributing or delivering a controlled substance in Texas is a felony offense. Penalties are serious, but a good defense by an experienced criminal defense lawyer could help mitigate the charges or have them dismissed altogether. If you have been charged with distribution of a controlled substance, contact Doug Murphy, a Board Certified criminal defense lawyer representing clients in and around the greater Houston metropolitan area.

As detailed below, a "distribution" charge could be applied in a wide variety of situations. A reasonable individual may not realize that sharing prescription medication he or she lawfully possesses is a serious matter, but even an action such as giving a friend some of your prescribed Xanax before a long flight could get you into serious trouble. No matter the circumstances, if you or someone you love is facing distribution charges, do not hesitate in securing legal representation immediately.

Distribution Charges in Texas & What it Means

Distribution in Texas is not only in reference to traffickers who carry large quantities of controlled substances with them. Distribution also does not only a reference to the drug dealer in a back alley or a nightclub. Distribution in Texas also means you, if you share the controlled substance with someone. So, you do not have to deliver the drug with the expectation of money in return, you just have to deliver the drug to another person.

According to the Texas Health and Safety Code, § 481.002(8), "deliver" means

to transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. The term includes offering to sell a controlled substance, counterfeit substance, or drug paraphernalia.

According to the Texas Health and Safety Code, § 481.002(14), "distribute" means

to deliver a controlled substance other than by administering or dispensing the substance.

In other words, to distribute a controlled substance in Texas is to unlawfully deliver a controlled substance to another person. That delivery could include an exchange of money, but this is not necessary in order to effect the distribution. Thus, you could simply share some marijuana from your private stash with a friend. In doing so, you are not a drug dealer, but according to the law you are, in effect, a drug dealer. Both you and the drug dealer down the street profiting from marijuana sales are subject to the same laws and penalties.

Penalties for Distribution of a Controlled Substance

The Texas Health and Safety Code outlines controlled substance offenses and their respective penalties. Punishment is determined by two factors:

1. The penalty group under which the controlled substance is listed; and
2. The quantity or weight of the controlled substance associated with the offense.

Penalty Group I

Penalty group I drugs include cocaine, heroin, morphine, oxycodone, methamphetamine, Rohypnol, Gamma hydroxybutyric acid (GHB), and ketamine. These drugs have a heightened potential for abuse, and penalties reflect the severity of the drugs.

Penalty Group IA

This group includes the drug LSD, and its measurement differs from other drugs listed in the Act. Measuring the quantity of LSD for the purpose of punishment is based on "abuse units" rather than grams or pounds. One abuse unit is equivalent to a single dose of LSD commonly distributed on a square piece of perforated paper. If the LSD is in liquid form, a single dose is measured as 40 micrograms.

Penalty Group II & IIA

Penalty group II include hallucinogens and stimulants, including mescaline, mushrooms, most amphetamines, and analogs of these drugs. Penalty group IIA includes cannabinoid derivatives and synthetic cannabinoid. The schedules of penalties are the same for both penalty group II and IIA.

Penalty Groups III & IV

The controlled substances included in penalty group III are generally depressants, many of which are barbiturates, including Valium, Ritalin, Ativan, Xanax, and Rivotril, but they also include peyote and anabolic steroids. Penalty group IV drugs are the least likely to lead to abuse, and they generally include a combination of narcotics with drugs like codeine found in Tylenol. The schedules of penalties associated with the distribution of these drugs in both penalty groups III and IV are the same.

Marijuana

Marijuana is its own category with its own schedule of penalties.

Enhancements & Impact on Punishment

There are two enhancements that can seriously impact the punishment you receive: (1) a crime resulted in injury or death; and (2) a crime involved children.

Enhancement for Injury or Death. If someone consumes a controlled substance you delivered to him or her, and that person dies or is seriously injured from it, the offense increases by one degree unless the offense is already a first-degree felony or the maximum sentence is life imprisonment.

Enhancement for Child Involvement. If a child is somehow involved at the time a controlled substance is distributed to another person, the crime is enhanced. There are several different scenarios that could transpire.

• If a child under the age of 18 is on the premises at the time a controlled substance is delivered to another person unlawfully, then the offense increases by one degree unless the offense is already a first-degree felony or the maximum sentence is life imprisonment.
• If a child under the age of 18 is on the premises at the time a controlled substance is delivered to another person unlawfully and the minimum sentence applies, that sentence is increased by 5 years.
• If a child under the age of 18 participates in the offense due to the use of threat or force, the offense is a first-degree felony unless the offense is already a first-degree felony or the maximum sentence is life imprisonment.
• If the delivery was made to a child, then higher maximum penalties will be applied according to the quantity.

Defenses to a Distribution of a Controlled Substance Offense

The defenses used in your case depend largely on the facts and circumstances. Examples of defenses include the following:

• Illegal Stop or Search. Law enforcement must have reasonable suspicion a crime was committed before approaching you to inquire into the same. Absent reasonable suspicion, your criminal defense lawyer may be able to move the court to suppress the evidence.
• Invalid Search Warrant. There are multiple reasons a search warrant can be invalid, and if it is, then evidence gathered from that warrant can be suppressed by the court. Situations that could cause the warrant to be invalid include insufficient probable cause to obtain a warrant, misleading or false information used to acquire the warrant, the police officer(s) going beyond the scope of the warrant, or untimely execution of the warrant.
• No active or constructive delivery. The prosecutor must prove that you either actually or constructively distributed the controlled substance. Active means you actually handed the drugs to someone, while constructive means you set up some arrangement for the other person to obtain the drugs without actually handing the drugs to him or her.
• Impeaching informants. If a snitch was the cause of your arrest, then your lawyer can question the informant's credibility. People who snitch are often criminals with a record of lying or misleading the police so he or she can get out of his or her own trouble.

A drug charge is serious, but the prosecutor is required to satisfy all the elements of the charge before a judge and jury can find you guilty. An experienced criminal defense attorney like Doug Murphy will tackle your case from multiple angles to provide a comprehensive, aggressive defense.

Contact Our Houston Drug Distribution Defense Lawyer

If you have been charged with distribution of a controlled substance, your freedom and future are at stake. You need the best legal defense possible. Not all criminal defense attorneys have the insight and skill to address these matters. Doug Murphy, however, has the insight and skills from extensive experience in criminal defense law. His capabilities have been recognized by the legal community, which has endorsed his name through accolades and frequent invitations to speak at seminars so that he can provide his insight and teach legal defense skills to other criminal defense attorneys throughout Texas and the United States.

At Murphy & McKinney Law Firm, P.C., you can expect commitment and the best results according to the facts and circumstances of your case. Contact Doug Murphy today at 713-229-8333 to arrange a free consultation.