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While simple possession of a controlled substance for personal use can often be a misdemeanor offense, any alleged intent to deliver the illegal drug is an aggravating factor that frequently results in felony charges.
5 Ways to Get Your Possession Charge Dismissed in Texas Challenge the stop. Challenge the search. Prove that the drugs belong to someone else. Show that you had no intention of using the drugs. Get into a drug diversion program.
Possession with intent to distribute in Texas is a very serious charge. Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. Obviously, this is the kind of charge you want to fight and fight hard.
A charge of possession of drugs with the intent to manufacture or deliver the drugs is a serious offense that can in the most extreme cases lead to life in prison and a quarter million dollars in fines, depending on the circumstances.
Section 481.112 of the Texas Controlled Substances Act states that it is illegal for an individual to knowingly possess, deliver, or manufacture any controlled substance with the intent to distribute it.