Houston Drug Possession Attorney
Arrested for Drug Possession With Intent to Sell?
If you were arrested for possession of drugs for sale or the delivery of
a narcotic drug detailed by the Texas Health and Safety Code, then you
need an aggressive defense. This is a felony offense. If convicted, you
could face imprisonment and other serious penalties. Drug offenses are
prosecuted harshly in this state. If you've been arrested, be sure
to contact a Houston criminal defense lawyer from this firm as soon as
possible. The Martinez Law Firm can use the full extent of the law to
build a strong case for your defense!
Texas Dangerous Drugs Act
Chapter 483 of the Health and Safety Code outlines the criminal offense
of delivering (selling, dispensing, giving away or supplying) a dangerous
drug. If you are not a designated agent or a licensed pharmacy, it is
illegal to sell or give away a narcotic drug. This constitutes a felony
offense in the state of Texas. Specifically, drug sale laws can be found in
§ 483.042 "Delivery or Offer of Delivery of Dangerous Drug." Possession of a drug for sale is a
state jail felony in Houston, Texas.
State jail felonies, according to § 12.35 of the penal code, can warrant
confinement in state jail from 180 days to two years. Fines can also mount
up to $10,000. Although state jail felonies are the least serious type
of felony offense, they should still be taken extremely serious. Under
some circumstances, state jail felonies can actually be charged as third
degree felonies. These circumstances could include the use of a deadly
weapon or a prior felony conviction.
Legal vs. Illegal Drug Delivery
It is only legal to deliver a dangerous drug if you are a licensed pharmacist.
For a drug to be legally delivered/sold, it must be delivered by a practitioner
or a registered nurse and properly labeled for type of drug, date of delivery
and the name of the patient.
There are three requirements for pharmacists to prescribe or give away
a narcotic drug:
- The prescription must be issued by as defined by § 483.001(12)(A,B).
- The prescription must be signed by a registered nurse or physician's
- The prescription must be original, and not copied.
Selling or Giving Drugs to a Minor
It is a separate offense, according to the Texas Penal Code, to sell or
give away a dangerous drug to a minor (someone under the age of 18). According
to § 43.24, it is illegal to sell, distribute or display "harmful
material" to a minor. What constitutes harmful material? According
to this statute, anything that overall is offensive and without "redeeming
social value for minors" can be charged as a
Class A misdemeanor. The only way for this offense to be charged as a felony would be if a
person hired or used a minor to commit a crime. This is a third degree felony.
These are serious penalties that could significantly impact your future.
Get aggressive defense on your side by contacting The Martinez Law Firm
today. Our Houston drug crime attorneys can fight for a dismissal or reduction
of your charges.
Initial consultations are free, so call today!