Under the Texas Controlled Substances Act penalties for possessing drugs are more severe if the State can prove that the defendant “manufactured, delivered, or possessed with the intent to deliver” a controlled substance. As discussed in Cocaine section, the penalties for possession with intent to deliver are one category more severe than the penalties for “simple” possession.
What is Simple Possession?
Simple possession of a controlled substance is possession with no intent to deliver — that is, possession for personal use.
To “deliver” a controlled substance means to transfer it or offer to sell it. Transfer can be actual (you receive it from me) or constructive.
What is Constructive Delivery?
Constructive delivery is a change in ownership without the recipient actually receiving the controlled substance. For example, if I leave the controlled substance concealed and tell you where you can pick it up, I have constructively delivered it to you.
Some Types of Delivery Cases
At Bennett & Bennett, we’ve defended many good people charged with Texas drug delivery charges statewide since 1995.
We see people charged with possession with intent to deliver when they are in possession of large quantities of drugs.
When there are kilogram quantities of cocaine, the State presumes (perhaps reasonably) that the drugs are not possessed for personal use.
We also see people charged with possession with intent to deliver when they are in possession of smaller quantities of drugs packaged for distribution, with or without the paraphernalia of distribution (scales and ledgers, for example).
We occasionally see people charged with possession with intent to deliver when they have delivered drugs directly to police officers. Even though a delivery has taken place, the State usually charges possession with intent to deliver because the delivery proves the intent to deliver.
Defense of Delivery Cases
How do we defend drug-delivery cases? The Big Five possession defenses apply:
- I didn’t possess it (I didn’t exercise control over the bag);
- I didn’t know I possessed it (I didn’t know the bag was in the car);
- It wasn’t the illegal thing (the bag was actually full of sheetrock);
- I didn’t know it was the illegal thing (I thought it was a bag full of sheetrock); and
- The government broke the law to find the evidence against me (the search of my bag violated the constitution).
In addition, there is the defense, “I didn’t intend to deliver it,” but this is not a complete defense since simple possession is still a crime, albeit a less serious one.
Aside from these six defenses, there are things that can, in the right circumstances, make drug delivery cases go away. We’re not giving away our secrets here, but if you’d like to hire us for our training and experience in pursuing freedom for people charged with possession with intent to deliver, call Bennett & Bennett at 713.224.1747.