Drug Possession vs. Drug Distribution in Texas: What’s the Difference?

Ever since the Farm Bill was passed in 2018, you may have started seeing more dispensaries, CBD shops, and similar goods for sale. Congress did change the rules for the criminal status of hemp. This, in turn, has led to changes such as decriminalization and wider availability of hemp-derived products in a retail setting.

Because these laws vary between states – and sometimes even between cities within a state – the actual legal status may be confusing. The question many people wonder about is simple: Is marijuana actually legal in Dallas, Texas?

In many jurisdictions, the answer to this question remains a resounding “no!” Countless people in Texas have still seen both drug possession and drug distribution charges related to marijuana – among other substances.

This post will explore this difference more closely. What is the difference between a possession and a distribution charge? How much do you have to have on your person to potentially face the harsher charges of distribution? Have a look below for insight into these points of confusion.

Drug Possession Charges in Texas Explained

In the state of Texas, a drug is better known as a controlled or outright banned substance. The federal Controlled Substances Act specifies a comprehensive list of every banned and illegal controlled substance.

Some of the most common substances you’ll see in possession charges include the following:

• Marijuana
• Ecstasy
• Heroin
• LSD
• Mescaline
• Hydrocodone
• Oxycodone
• Cocaine
• PCP
• Mushrooms
• Xanax
• Valium
• Ketamine
• Methamphetamine

Some of these drugs are available legally through a prescription. Others are only street drugs that are either created or smuggled into the country. No matter their source, when you have drugs like this in your possession and it is unauthorized, you could be facing drug possession charges.

As Dallas, Texas law states, anyone who intentionally has any of these substances without a prescription can be charged with the crime of possession. This holds true even for marijuana. While the overall perception and tolerance of the substance is changing in the country, the law has not fully caught up.

Punishment Expectations for Drug Possession Charges

The basics of a drug possession charge are straightforward: you get caught with a substance, you'll be charged. But the type of punishment you'll have is far from straightforward.

The extent of your sentencing and punishment will be related directly to several factors:

Which Drug or Controlled Substance You Had

The extent of your punishment will depend primarily on the type of drug or drugs you had in your possession. For instance, more strictly controlled substances like heroin or other opioids will lead to harsher penalties than comparable marijuana possession.

How Much of the Substance You Had on You

The amount of the drug or controlled substance is an important consideration to make as well. Just a small amount of marijuana may only lead to a misdemeanor or even a citation depending on the area where you were stopped. Greater amounts could lead to much bigger trouble – even getting into the drug distribution level.

Any Paraphernalia

Drug paraphernalia includes devices used to smoke a drug, like a pipe, and everything in between. Additional charges are likely if you have any of these implements in your possession at the time you are charged.

Any Past Criminal Activity and Convictions

Prior convictions will factor into the harshness of your penalties for subsequent charges. Previous drug charges, for example, will amplify further penalties if you are charged again.

At the minimum, a drug possession charge is going to net you a misdemeanor. More aggravated misdemeanors may lead to jail time or hefty fines of up to $4,000.

However, you could also see felony charges depending on the circumstances of your case. These charges are much more serious, with charges elevating all the way to $250,000 fines and life in prison! This is why securing your own criminal defense attorney is absolutely critical.

Guide to Drug Distribution Charges

While drug possession could land you in some big trouble in Texas, it could be even worse. Law enforcement has several additional charges they can lodge against you beyond a drug possession charge. These include charges like distribution, trafficking, and even drug manufacturing.

Drug distribution is a far greater charge than possession. When you are charged with distribution, that means there is sufficient evidence to suggest that you were either selling a drug or preparing to sell it.

The most common way you'll see this charge is when you possess a significant amount of any given drug or controlled substance. Other evidence could also lead to these charges, too. This includes paraphernalia like a large amount of cash, small bags of individually packed drugs, messages about delivering drugs or arranging sales, and more.

Penalties Related to Drug Distribution

As the distribution charges are graver than simple possession, the penalties are also more severe. The extent of your punishment will depend on your charges.

Larger amounts or various types of drugs in your possession will amplify charges. Similarly, additional paraphernalia will tack on even more charges and penalties.

You can easily face felony rulings of 180 days to life in prison and fines of $10,000 up to $250,000.

When Should I Get a Lawyer?

If you are facing any types of drug charges in Texas, you need to secure a criminal defense attorney as soon as possible.

Attorneys understand how criminal law and proceedings operate. Depending on the circumstances of your case, they can help mitigate aspects such as the number of charges, the amount of jail time, or the amount in fines you will face.

While there is no guarantee, defense attorneys work on your behalf to get the best possible outcome for you. Get in touch today to speak with an attorney and discuss the details of your case.