Charged with intent to distribute?

A person can be charged with Delivery of a Controlled Substance if the State can prove that they “delivered” drugs to another person. The law allows delivery to take place in a number of different ways. Many people don’t know that even giving some drugs to a friend is considered delivery. Delivery of a Controlled Substance increased the level of felony by one degree. If a person had a second degree amount of a drug but was also found to have delivered the drug it now is a first degree felony!

Possession of a Controlled Substance with Intent to Deliver

A person can be charge with Intent to Deliver in Texas in a number of ways. The most common scenario is where a person has a larger amount of cocaine in multiple baggies. The State will argue that you are now a “dealer” due to the drugs being in multiple packages ready for sale. Even just having sandwich bags and a scale can be used as evidence that a person not only possessed drugs, but intended to package and sell the controlled substance. Being convicted of Possession of a Controlled Substance with Intent to Deliver also bumps up the degree of the felony. A second degree amount of drugs “with Intent to Deliver” becomes a first degree felony.