Rosenthal Kalabus & Therrian

(972) 369-0577

We Pick Up the Phone Every Time; Call 24 Hours a Day, 7 Days a Week

Gavel in foreground on a desk with pills in the background.Texas Drug Sales and Distribution Lawyer

Texas has some of the strictest drug distribution laws in the nation. If you are facing drug distribution charges in Texas, having an experienced drug sales and distribution lawyer who can defend you against these serious allegations is crucial. At Rosenthal Kalabus & Therrian, we are dedicated to helping our clients navigate the complexities of Texas drug laws and protecting their rights. If you have been arrested or charged for drug distribution in Collin County, contact Rosenthal Kalabus & Therrian by calling (972) 369-0577 for a free legal consultation

What is Drug Distribution?

In Texas, drug distribution violates the Texas Controlled Substances Act. Texas law defines distribution as the direct or indirect act of delivering a controlled substance other than administering or dispensing. Controlled substances are classified into penalty groups. 

It’s also important to understand the definition of delivery. According to the Texas definition, it is the transfer of a controlled substance, a counterfeit substance, or drug paraphernalia. Therefore, someone in Texas can be seen distributing a controlled substance if they deliver it. It is unnecessary to exchange money at the time of delivery to qualify as distribution. However, drug distribution charges can also be based on specific kinds of evidence. These include large amounts of drugs, baggies with drug residue, or cash. Drug distribution is more serious than drug possession, with more significant penalties.

Drug Distribution Penalty Groups in Texas

In Texas, there are penalty groups for drug distribution offenses. These penalty groups classify substances according to their risk of abuse. 

  • Penalty Group 1: Penalty group 1 includes drugs with the highest risk of addiction. These include heroin, cocaine, ketamine, psilocybin, and methamphetamine. 
  • Penalty Group 1-A: This group includes lysergic acid and LSD.
  • Penalty Group 2: Penalty group 2 drugs include mescaline, Ecstasy, and PCP. 
  • Penalty Group 2-A: This group included Fentanyl.
  • Penalty Group 3: This includes drugs such as Valium, Xanax, Ritalin, and anabolic steroids. 
  • Penalty Group 4: Group 4 includes opiates and opioids not included in Group 1, such as codeine and hydrocodone. 

The distribution of marijuana is a separate offense, but serious penalties and fines are associated with distribution.

If the state charges you a drug distribution offense, you may have additional charges against you. You may face charges such as criminal conspiracy and money laundering. These can increase the severity of your penalties. Additionally, if any individuals were harmed due to your actions related to drug distribution, you could also be charged with assault, reckless endangerment, manslaughter, and more. 

What are the Penalties?

Drug distribution in Texas is a serious crime with severe consequences. The penalties for drug distribution depend on the illegal drug’s penalty group, the controlled substance’s quantity, and the distribution area. Penalties for drug distribution in Texas can range from $2,000 to $250,000 in fines. A prison or jail sentence can range from 180 days to 99 years. The most severe punishments are for those convicted of distributing more drugs, such as heroin or cocaine. The offender’s prior criminal history and whether or not minors were involved will determine the penalties for drug distribution.

What Are Some Defenses?

When facing drug distribution charges, legal defenses may be available. Some of these defenses can include:

  • You were unaware of the substance in question: If you can demonstrate that you had no knowledge of the substances in question or that you were unaware that the substances were illegal, you could use this as a defense against drug distribution charges.
  • You were forced to transport or distribute the substance: If you can prove that you were coerced into transporting the drugs, you could use this as a defense.
  • There isn’t evidence to prove you had the substance in question: Even if you are accused of drug distribution without tangible evidence to support the accusations, you could use this as a defense.
  • You had a legal reason to possess the substance: If you are a medical professional licensed to have the substances in question, you could use this as a defense against drug distribution charges.
  • The arresting officer did not have probable cause to arrest you: If the officer did not have sufficient evidence or probable cause, you could use this as a defense against drug distribution charges.
  • The prosecution’s obtained evidence due to an illegal search and seizure: If the evidence used to convict you was obtained due to an unlawful search or seizure, you could use this as a defense. 

How a Drug Sales and Distribution Attorney Can HelpHands cuffed behind back with person holding back in foreground

When facing drug distribution charges in Texas, having an experienced criminal defense attorney on your side is crucial. An experienced drug offense lawyer can help in many ways, from crafting a solid defense to negotiating with prosecutors. A qualified lawyer will start by assessing the evidence and building a strategy to defend against the charges. Next, your attorney will review all documents related to your case. These include police reports and witness statements to develop an effective defense. In addition, they will look for any mistakes made by law enforcement during the investigation or arrest that they can use to challenge the charges. 

Your lawyer can also negotiate with prosecutors on your behalf. In some cases, a criminal defense attorney may be able to negotiate for reduced charges or a more lenient sentence. In other cases, they may be able to get charges dropped altogether. An experienced attorney will know how to handle various legal matters. They will answer any questions you may have. Plus, they’ll provide insight into your rights and the potential outcomes of your case. 

Texas Drug Sale and Distribution Lawyers

If you face drug sales or distribution charges, get experienced legal representation immediately. At Rosenthal Kalabus & Therrian, we provide dedicated criminal defense services for Texans. Our experienced team of drug offense attorneys is committed to helping our clients understand their rights and get the best possible outcome for their cases. 

If you or a loved one needs legal representation in a drug sale or distribution case in Collin County, contact Rosenthal Kalabus & Therrian at (972) 369-0577 for a free legal consultation with an experienced drug distribution defense lawyer.

Written by: Rosenthal Kalabus & Therrian Last Updated : August 11, 2023