Drug possession charges in Texas can range from a relatively minor misdemeanor
to a felony if certain aggravating factors are in play.
One factor is what’s called the “intent to distribute”.
This crime applies to all classes of drugs, from marijuana to LSD. While
simple possession implies the drugs found were strictly for personal use,
the intention to distribute or deal the drug is considered a far more
serious crime, and is met with increased penalties.
Criminal defense attorneys know what the police are looking for when establishing this
charge, and so should you. Although each case is different, here’s
what police typically look for when determining “intent to distribute”:
Packaging Method: One of the most obvious indications of intent to distribute
is the way the substance is packaged. For example, while marijuana for
personal use might be stored in a single plastic baggie, dealers would
generally separate the drug into small amounts using smaller bags (“dime
bags”) to make selling easier. Even if drugs are not separated into
smaller bags, the very presence of dime bags in close proximity to street
drugs will be considered as evidence by police.
Amount of Drug: The amount you have in your possession will play a significant
role in the charge police levy against you. If the amount exceeds what
would be reasonable for personal use, expect this to be used as evidence
Large of Amounts of Cash Found: Drug dealers use cash. If police find you
with large amounts of cash, this may be used against you to prove your
intent to deal.
Presence of Scales & Other Pharmaceutical Tools: Scales and other tools
like grinders and pill cutters are used by dealers to weigh and divide
portions of the drug. If police search your residence and/or vehicle and
find any of these items next to the drugs, this will also be used against you.
If you feel you have been
wrongly accused of the intent to distribute a controlled substance, don’t hesitate
to call the
criminal defense attorneys you can trust here at Kyle Law Firm. The sooner you
contact us the sooner we can start building your case. Call today.