When you’ve been charged with drug distribution and sales in Houston, your future is immediately put on the line. Getting convicted of these serious charges can land you in prison (for life!), cost you thousands of dollars in fines, and leave a permanent mark on your record. It could also cost you your career, your relationships, your voting privileges, and so much more.
With so much on the line, you need someone in your corner who will fight to make sure your rights are protected, and your side of the story gets told. That’s where our Houston drug charges lawyer can help.
Call Blass Law today to learn more about what a Houston drug distribution lawyer can do for you.
Our Houston Drug Distribution Attorney Can Help with All Types of Charges
As an experienced Houston criminal defense lawyer with extensive knowledge of Texas state and federal drug laws, I can examine all the evidence and facts surrounding your case, educate you about your options, answer your questions, and provide you with a defense designed to help you achieve a favorable case outcome.
I represent clients facing all types of federal and state drug distribution and conspiracy charges, including:
- Intent to distribute
- Manufacturing
- Money laundering
- Interstate and international distribution
No matter what the drug is in question—marijuana, cocaine, heroin, methamphetamine, crack, ecstasy, prescription drugs, or any other type of narcotic—I will provide you with personalized service aimed at getting your charges dropped or reduced.
What You Need to Know About Texas Drug Laws
Under Texas law, it is illegal to possess, distribute, and manufacture certain substances. The Texas Controlled Substances Act details these substances and the charges you face. Our Houston drug distribution lawyer breaks it down for you here.
Penalty Group 1
The substances in Penalty Group 1 are those with the highest potential for addiction and abuse. Some substances in this group include:
- Opiates and opioids not included in groups 3 and 4
- Codeine not included in groups 3 and 4
- Cocaine
- Opium
- Rohypnol
- GHB
- Methamphetamine
- Ketamine
Penalties for Distribution of Substances in Penalty Group 1
The penalties you face depend on the amount you allegedly had in your possession.
- State jail felony for less than one gram
- Second-degree felony for at least one gram but less than four grams
- First-degree felony for at least four grams but less than 200 grams
- First-degree felony for at least 200 grams but less than 400 grams (This offense comes with a fine of up to $100,000 and a minimum of 10 years in prison.)
- First-degree felony for at least 400 grams (This offense comes with a fine of up to $250,000 and a minimum of 15 years in prison.)
Penalty Group 1-A
This group includes LSD (lysergic acid diethylamide) and its derivatives.
Penalties for Intent to Distribute Substance in Penalty Group 1-A
After an arrest for intent to sell a drug in Penalty Group 1-A, you face:
- State jail felony charges if law enforcement alleges you had fewer than 20 units on you
- Second-degree felony charges if you allegedly had at least 20 but fewer than 80 units on you
- First-degree felony charges if you had at least 80 but fewer than 4,000 units on you
- First-degree felony charges, with a minimum of 15 years in prison and a fine of up to $250,000, if you had at least 4,000 units on you
Penalty Group 1-B
This group contains fentanyl and its derivatives.
Penalties for Intent to Distribute Penalty Group 1-B Substances
You face the following after an arrest:
- Third-degree felony charges if you allegedly had less than one gram on your person
- Second-degree felony charges if you had at least one gram but less than four grams
- First-degree felony charges, with a minimum of 10 years in prison and a fine of up to $20,000, if you had at least four grams but less than 200 grams
- First-degree felony charges, with a minimum of 15 years in prison and a fine of up to $200,000, if you had at least 200 grams but less than 400 grams
- First-degree felony charges, with a minimum of 20 years in prison and a fine of up to $500,000, if you had at least 400 grams
Penalty Groups 2 and 2-A
PG 2 includes hallucinogens, such as MDMA.
PG 2-A includes synthetic cannabinoids, also known as Spice and K2.
Penalties for Distribution of PG 2 and PG 2-A
You could face the following charges depending on the amount law enforcement alleges you were carrying.
- State jail felony if you had less than one gram on your person
- Second-degree felony if you had at least one gram but less than four grams
- First-degree felony if you had at least four grams but less than 400 grams
- First-degree felony, with a minimum of 10 years in prison and a fine of up to $100,000, if you had at least 400 grams on you
Penalty Groups 3 and 4
Penalty Group 3 includes opioids and opiates not included in Penalty Group 1, codeine not included in Penalty Group 1, steroids, benzodiazepines, Ritalin, and barbiturates.
Penalty Group 4 includes prescription drugs, such as Robitussin AC.
Charges for Intent to Distribute a Substance in PG 3 or 4
Potential charges for intent to distribute a drug in Penalty Groups 3 or 4 include:
- State jail felony if you had less than 28 grams on you
- Second-degree felony if you had at least 28 grams but less than 200 grams
- First-degree felony if you had at least 200 grams but less than 400 grams
- First-degree felony, with a minimum of 10 years in prison and up to $100,000 in fines, if you had at least 400 grams
Marijuana
Marijuana is not included in any of the above penalty groups.
Marijuana Distribution Penalties
While parts of the country have legalized marijuana, Texas still treats its possession and distribution harshly. You could face the following penalties depending on the amount you allegedly had on your person:
- Class B misdemeanor if you allegedly had 1/4 of an ounce or less and did not receive money for the delivery
- Class A misdemeanor if you had 1/4 of an ounce or less and did receive money for the delivery
- State jail felony if the alleged delivered amount is five pounds or less but more than 1/4 of an ounce
- Second-degree felony if the alleged amount is 50 pounds or less but more than five pounds
- First-degree felony if the alleged amount is 2,000 pounds or less but more than 50 pounds
- First-degree felony, with a minimum of 10 years in prison and a fine of up to $100,000, if the alleged amount is more than 2,000 pounds
If you were arrested for possession with intent to distribute a controlled substance in Harris County, you want an experienced Houston drug distribution attorney on your side. You don’t want to leave your freedom or future up to chance.
Standard Penalties for Criminal Charges in Texas
Some drug charges have specific penalties that apply only to that charge. I can help you determine what penalties apply to your specific charges. However, the standard criminal penalties for offenses in Texas include:
- State jail felony: at least 180 days but no more than two years in state jail and/or a fine of up to $10,000
- Third-degree felony: at least two years but no more than 10 years in prison and/or a fine of up to $10,000
- Second-degree felony: at least two years but no more than 20 years in prison and/or a fine of up to $10,000
- First-degree felony: at least five years but no more than 99 years (life) in prison and/or a fine of up to $10,000
Penalties Extend Beyond Fines and Time Behind Bars
While people are typically more concerned with the fines and jail or prison time, there are several other penalties you may face after an illegal drug distribution conviction. They include:
- Social stigma: Some people lose friends and family after they are arrested for drug distribution. Your friends may think you are a danger to their family.
- Loss of custody: You could lose custody of your children if you are deemed a danger.
- Loss of job: You may lose your job or be unable to get a new one with a felony conviction on your criminal record.
- Loss of acceptance to school: A university may revoke your acceptance or kick you out if it claims you violated the code of conduct.
- Inability to live where you want: Some landlords won’t rent to people with criminal backgrounds.
- Financial issues: Some drug offenses come with hundreds of thousands of dollars in fines. That’s enough to bankrupt most people. You could find yourself destitute after a conviction.
These penalties are another reason why you don’t want to trust your case to an inexperienced attorney. Instead, get Jay, a Houston drug distribution attorney who is committed to Keeping Innocent People Innocent.
Factors that Could Affect Your Charges and Penalties
If you had certain paraphernalia on you at the time of your arrest, your charge could be more severe. For example, if you were merely possessing a substance and you also had a scale and baggies and a wad of cash, law enforcement officers could claim you were planning on selling (or had already sold some of) the drug, not keeping it for personal use.
You could also face enhanced penalties if you have a criminal record or if a child was present or used in the commission of the offense.
However, there are factors that could reduce your charges and penalties. If a Houston drug distribution lawyer from our firm can argue that you did not intend to distribute the drugs, you may be charged with possession instead. This is more likely when you have an amount that’s right on the line between possession and intent to distribute.
Drug Possession vs. Drug Distribution
While a drug distribution charge is more severe than a drug possession charge, the latter should not be neglected either. Depending on how the criminal act is classified, the person possessing illegal substances can receive a fine, jail time, or federal prison time. An attorney can help protect your rights.
Defense Strategies a Houston Drug Distribution Lawyer from Our Firm Can Use
The strategy we use depends on the specifics of your case. Some common defense strategies include:
- You were not intending to sell the substance. We can argue that while you did have the substance in question on your person, it was for personal use, not to sell. This argument is easier to make if you had a smaller amount of the substance on your person and did not have other signs of distribution (e.g., scales, baggies, cash).
- You have a valid prescription. It is against the law to have certain substances, such as Adderall, Ritalin, Robitussin AC (cough syrup with codeine), or steroids, without a valid prescription. If we can establish that a doctor prescribed the substance, the prosecution will need to drop the charges.
- The substance you had is not an illicit drug. We can test the substance in question and establish it is not illegal.
- You didn’t knowingly possess a drug. Sometimes, people frame others for their crimes, especially drug possession or distribution. If you did not knowingly possess the substance, we can argue it was someone else’s. This is typically possible if you share a car or home with someone else.
We will review your case to determine the best defense option for you.
See How a Houston Drug Distribution Lawyer Can Help You Today
If you are facing drug distribution and sales charges in Houston, seek legal counsel immediately. Let Houston drug distribution attorney Jay Cohen review your case and protect your freedom. I am a certified lawyer-scientist with experience handling all types of drug charges. Let me fight for your future today.