Possession with Intent to Deliver a Controlled Substance

Houston Drug Crime Attorney: Delivery of a Controlled Substance Defense

If you have been charged with Possession of a Controlled Substance with the intent to Deliver, it is best to contact an experienced criminal drug defense lawyer as soon as possible.

As a criminal drug defense lawyer I have more than 20+ years of experience, and I have handled thousands of drug cases. Please email or call 713-880-1118 to schedule a free initial consultation.

Possession of Controlled Substance Penalties in Texas

A violation of the Texas Controlled Substances Act for Manufacture or Delivery of a Controlled Substances such as Cocaine, Ecstasy, or Methamphetamine, is punishable by 1 day in the County Jail up to 99 years in Prison, or Life in Prison with the possibility of Parole, and/or from $1.00 up to $250,000.00 in fines. This wide range of punishment is based on the type of controlled substance which determines the Penalty Group, and the weight of the controlled substance found in your possession or in some instances the number of units of the controlled substance.

Possession with Intent to deliver a controlled substance can be proved by circumstantial evidence, including evidence regarding an accused's possession of the contraband. An oral expression of the intent is not required. Additional factors that courts have considered in determining whether the accused had the intent to deliver include:

  • the nature of the location at which the accused was arrested;
  • the quantity of contraband in the accused's possession;
  • the manner of packaging;
  • the presence, or lack thereof, of drug paraphernalia for either use or sale;
  • the accused's possession of large amounts of cash; and
  • the accused's status as a drug user.

Expert testimony by experienced law enforcement officers may also be used to establish an accused's intent to deliver. Contact Mark Morasch, he understands that bad things happen to good people.

Are you facing drug charges in Houston?

In a possession with intent to deliver case, the State must prove that you: (1) exercised care, custody, control, or management over the controlled substance; (2) intended to deliver the controlled substance to another; (3) knew the substance in your possession was a controlled substance, such as one of the following drugs:

Delivery of at least 4 grams but less than 200 grams of contraband listed in Penalty Group One can result in a minimum of 5 years up to life-in-prison and a fine of $10,000.00. To put this in perspective 4 to 200 grams equals .0088 to .44 pounds, or .14 to 7.055 ounces. To read more about Possession with Intent to Deliver a Controlled Substance visit my blog. It is important to seek experienced legal representation as soon as possible. Consult Mark Morasch, Attorney at Law today if you have been accused of drug offenses in Texas.

Class/Degree of Drug Charge by Weight or Units of Controlled Substance for PG



Class B

Class A

State Jail

3rd Degree

2nd Degree

1st Degree

1st Degree +



< 1g

1g < 4g

4g < 200g

200g +



< 20 units

20 < 80

80 < 4000

4000 units +



< 1g

1g < 4g

4g < 400g

400g +



< 1g

1g < 4g

4g < 400g

400g +



< 28g

28g < 200g

200g < 400g

400g +



< 28g

28g < 200g

200g < 400g

400g +

Standard Punishment Range by Class and Degree of Drug Charge



Jail/Prison Time

Capital Felony


Life without Parole, or Death

First Degree Felony Plus

$100k - $250k

10-15 years to 99 years, or Life with Parole

First Degree Felony


5 years to 99 years, or Life with Parole

Second Degree Felony


2 years to 20 years

Third Degree Felony


2 years to 10 years

State Jail Felony


180 days to 2 years

Class A Misdemeanor


1 day to 1 year

Class B Misdemeanor


1 day to 180 days

Class C Misdemeanor



Other significant consequences to a conviction for Possession with Intent to Deliver a Controlled Substance, includes:

  • the suspension of your Driver's License, and
  • becoming ineligible to receive Student Loans and Grants.

In Texas, even a small amount of a Controlled Substance such as Cocaine, Ecstasy, or Methamphetamine can be enough for a felony drug conviction. When the best possible outcome matters, contact Mark Morasch, Attorney at Law today for a free initial consultation.

Experience Matters: I Can Help You Explore Every Legal Option

I have been defending people arrested in Texas for Manufacturing and Delivery of Controlled Substance since 2003, and for the six years preceding 2003, I prosecuted drug cases for the state of Missouri. I understand what is at stake in a felony drug case, and I know what a felony drug conviction can do to your ability to live a normal life. It is best to talk to an experienced Houston criminal attorney who can prevent you from being convicted and keep you out of jail.

Get the Help You Need 24/7 from a Galveston Felony Drug Attorney

If you have been charged with a felony drug case, call 713-468-9333 (713-got-Weed) or e-mail my office. I offer payment plans, and accept Visa, MasterCard, and Discover.

Program my number into your cell phone now, because you never know when you'll need help.

Contact Mark Morasch Today

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

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