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 assistant.
  • 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.

Appealing a Criminal Conviction

A defendant cannot always appeal a criminal conviction. The appeal must be based on a few different factors which could include claiming that the judge made a bad ruling, the prosecutors acted in an unethical manner or the defendant’s defense lawyer was not competent enough to handle the trial. By claiming that any of these things occurred, the defendant is appealing their criminal conviction on the basis that they would not have been convicted otherwise.

By providing a brief overview of the criminal process, we hope that you will be compelled to contact us for further legal counsel. The Martinez Law Firm has the experience in the Harris County courts and skill you need to be confident in your case.