What Defines Delivery of a Controlled Substance?

Texas DWI attorney Stephen Hamilton explains the Delivery of a Controlled Substance

Delivery is defined as transferring or offering to transfer a controlled substance to another person. The charge means you intended to deliver drugs in your possession to someone else, even if you had no specific buyer in mind.

Deliveries can be Actual where you physically hand drugs to another person or constructive which means you’re in control of the drugs, such as if you’re a manufacturer or supplier, but have someone else handle the actual delivery.

An actual delivery occurs when you literally hand over a drug to someone. And as far as Texas is concerned, intending to do it is considered to be the same as actually doing it. So, in Texas, just offering to sell someone a controlled substance is the same as your having given it to them. In these instances, one thing we zero in on is just how difficult it can be to prove your intent when drugs weren’t handed over vs. having proof that a drug changed hands.

Constructive delivery is when you own or control a drug and hand over that control to someone else without physically delivering the drug yourself. So, you could be charged with constructive delivery if you were handling the manufacture of a controlled substance and authorized someone else to sell it.

Depending on the circumstances, a constructive delivery can turn into an actual delivery. For instance, if you leave a drug in a storage locker and give the locker key to someone, that’s constructive delivery. However, if that person then accesses the locker and picks up the drug, constructive delivery has now become actual delivery.