Delivery of a Controlled Substance

Experienced & Trusted Houston Drug Charge Defense Lawyer

In order to be charged with Delivery of a Controlled Substance in the state of Texas, it is not necessary for you to have actually delivered the drugs. Any attempt to transfer controlled substances to another person is enough for a criminal prosecution. Even if you are found to be in possession of more drugs than one person could reasonably consume, it is assumed that you have the intent to deliver the drugs, which is punishable in the same way an actual transfer would be.

What are the penalties for delivery of a controlled substance?

Penalties for this criminal offense vary greatly depending on the Penalty Group that the controlled substance falls under and the amount of the drugs delivered. Delivery of any controlled substance is a Felony. As with any criminal action; however, every case should be investigated as its own unique situation to determine the potential consequences involved. It is important to understand that convictions for delivery of a controlled substance cannot be expunged.

  • Penalty Group I: Includes illegal drugs such as Cocaine, Methamphetamine, and GHB. The range of punishment is from six months up to life in prison and fines up to $250,000 in fines.
  • Penalty Group I-A: Include substances such as LSD. The range of punishment is from six month up to life in prison and up to $250,000 in fines.
  • Penalty Group II: Includes drugs such as MDMA, Adderall, and Bath Salts. If convicted, the accused could faces from six months up to life in prison and up to $250,000 in fines.
  • Penalty Group II-A: Includes Spice or Synthetic Marijuana. Punishments upon conviction include a potential of 6 months in jail up to life in prison and up to $250,000.00 in fines.
  • Penalty Group III and IV: Includes prescription drugs such as Vicodin, Codeine, Xanax, Valium, Ritalin, Steroids, and Human Growth Hormone.

There are other stipulating factors that can also increase your sentence, such as delivering the substances near a school, which is a Class A felony punishable by up to $100,000 in fines and 20 years in prison. Giving controlled substances to a minor is also a Class A felony, with one exception. If the accused who delivered the substances is less than 3 years older than the minor, then the penalties just fall under the specific drug schedule. Other penalties can involve losing your driver's license for up to 180 days and making other payments back for any financial gain you made from distributing the controlled substances.

Defense Strategies from a Houston Drug Crime Attorney

The State must prove that you knowingly delivered the controlled substance and made an actual transfer of the drugs or a constructive transfer. If the state cannot prove the actual or constructive transfer, then you may only be charged with simple possession or possession with intent to deliver. To read more about delivery of a controlled substance visit our blog.

Mark Morasch is a Houston defense attorney with more than 20+ years of experience as a prosecutor and defense lawyer. Using his experience and understanding of how the prosecutor thinks, Mark can build the strongest possible defense with the objective of having your charges dismissed or reduced.

Consult with Mark Morasch today to learn more about your case and how he can protect your rights.

Contact Mark Morasch Today

I Aggressively Defend The Rights Of The Accused Throughout The State Of Texas

Send My Information