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Secrets of the Texas Criminal Justice System and Your Rights
Except for those who are licensed to distribute a controlled substance such as doctors and pharmacists, it is unlawful to knowingly or intentionally distribute a controlled substance. Intentionally means the defendant meant to distribute the drug. If someone stole the drug from the defendant or if the defendant transferred it to someone by accident, the defendant did not distribute the drug intentionally. Know that an individual in these circumstances can benefit enormously from the help of a professional Lubbock possession with intent to distribute lawyer on their side. Read on to learn more about how a skilled drug attorney could work to help your case today.
Distributing a Substance
A controlled substance is distributed when someone delivers it, transfers possession of it to someone else, or causes another individual to deliver or transfer possession of that drug. Distribution is often charged when the government has evidence of a hand-to-hand transfer from a seller to a buyer. It is not necessary, however, to prove that money changed hands. Passing a loaded crack pipe to another user can be charged as distribution. Except in some cases involving small amounts of marijuana, distribution is a crime whether the controlled substance was sold or given away for free. To defend against any sort of charge, an individual should consult with a Lubbock drug possession with intent to distribute lawyer as soon as possible.
When the government catches someone with a substantial quantity of drugs — a quantity that is too large to be consistent with personal use — the government will usually charge the defendant with possessing the drugs with the intent to distribute them. In these instances, the government is required to prove that the defendant knowingly possessed a controlled substance and that the defendant intended to distribute the drug to someone else.
The government must prove an intent to distribute the drug, as opposed to an intent to keep the drug for personal use. A charge of possession with intent to distribute can sometimes be defended by a possession with intent to distribute attorney in Lubbock by arguing that the drugs were possessed for personal use.
The government can also charge a defendant with attempting to distribute a controlled substance. That crime requires the government to prove that the defendant knowingly took a substantial step toward distributing a controlled substance with the intent to distribute it. An attempt is not usually charged because the government usually believes it can prove possession with intent to distribute or if more than one individual is involved, conspiracy to distribute a controlled substance.
An attempt is most often charged when the defendant believes they are selling a controlled substance when in reality, they were not. For instance, if a defendant buys flour believing it to be cocaine, and sells it to someone else with the intent to sell cocaine, the defendant has attempted to deliver a controlled substance and should consult with a Lubbock possession with intent to distribute lawyer.
Distribution of Drug Paraphernalia
The distribution of drug paraphernalia is a federal crime that is occasionally prosecuted. Large distributors are more likely to be targeted for prosecution, but even small stores that sell paraphernalia might find themselves charged with a federal crime. The federal offense of distributing drug paraphernalia includes:
- Selling or offering paraphernalia for sale
- Sending paraphernalia through the mail or delivering it across state lines
- Importing or exporting paraphernalia
The simple possession of paraphernalia for personal use is a state crime but not one that is prosecuted federally. The maximum federal sentence for distributing paraphernalia is 3 years in prison. Additional fines and costs can be imposed as well as a term of supervised release.
If you are facing narcotics charges, do not hesitate to reach out to a professional Lubbock possession with intent to distribute lawyer today to fight for your rights in court.