Understanding the Charges of Drug Possession with Intent to Deliver or Manufacture

 Posted on January 30, 2023 in Drug Charges

It is no secret that the state of Texas takes drug offenses very seriously. This is especially the case when there is reason to believe that an alleged drug offender had the intent to deliver or manufacture. Therefore, if you have been charged with manufacturing drugs, possessing them, and intending to sell those manufactured drugs, understand that you are in extreme legal jeopardy. When someone is convicted on these types of charges, it is not uncommon for them to spend decades or even the rest of their natural life in prison.

Today, we will look at what it means to deliver drugs, what intent to manufacture means, and more. If you have been charged with such crimes, do not hesitate to contact an experienced criminal defense attorney well-versed in cases involving serious drug offenses. While your situation may be dire, hope is still on the horizon. Retaining high-quality legal counsel is the first step in working towards a favorable case outcome in your case.

What Constitutes Intent to Deliver? 

The Texas Controlled Substances Act explicitly states that possessing, delivering, or manufacturing a controlled substance is strictly prohibited. If this language is unclear, it means that drug dealing is strictly prohibited. It is important to understand that "delivery" means more than selling drugs, however. Delivery also includes giving another person an illegal drug, regardless of whether payment was exchanged.

Many cases involving the intent to deliver may result from an ongoing criminal investigation, possibly with the help of informants assisting law enforcement. Possessing drugs and items like baggies, scales, or large amounts of drugs may help establish that someone intended to deliver these drugs. 

What Constitutes Intent to Manufacture? 

In conjunction with the Texas Controlled Substances Act, manufacturing drugs means growing, nurturing, or administering unlawful substances. For instance, growing marijuana or working in a methamphetamine lab would be considered manufacturing drugs. The law also states that manufacturing constitutes taking large amounts of drugs and then breaking them down into smaller amounts to prepare them to be distributed. As a result, if a police search of your home or property turns up a considerable amount of a controlled substance, you may be charged with drug possession with intent to deliver or manufacture. 

You may be wondering, however, how may law enforcement or the prosecution try to prove that you had the intent to deliver or manufacture drugs. The following are examples law enforcement or the prosecution may submit as evidence: 

• A large quantity of drugs that exceeds the amount typical of personal use
• Equipment used for weighing or packaging
• Sizeable amounts of cash
• Weapons or increased security measures
• Chemicals or substances used for cutting drugs 

It is important to note that specific charges and the penalties associated with such charges will depend mainly on the drug in question and how much of it is confiscated by law enforcement. 

Contact a Collin County Drug Crime Defense Attorney 

All hope may seem lost if you have been charged with serious drug offenses. Regardless of the charges against you, however, our team will work hard to seek a favorable outcome and limit the negative effects on your life and that of your family. Contact the highly knowledgeable Frisco drug defense lawyers with Law Offices of Biederman & Burleson P.L.L.C. today. Call 469-333-3333 for a free consultation.

Source:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm