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Financial gain isn’t necessary for drug distribution charges

On Behalf of | Jul 12, 2024 | Drug Crimes |

Texas has a reputation for employing a strict approach to drug law enforcement. The state has not enacted lenient laws like many other jurisdictions have in recent years. People get arrested for offenses ranging from possession to manufacturing.

Drug distribution is a relatively serious charge often brought against those involved in the illicit drug trade. Obviously, those who routinely make their income from selling drugs to others are at risk of drug distribution charges. However, not everyone accused of serious drug offenses in Texas is a hardened criminal who has benefited financially from illegal activity.

Some people accused of serious drug offenses didn’t necessarily intend to break the law and may not have benefited from doing so. The law doesn’t actually require direct profit for someone to face drug distribution charges.

What constitutes drug distribution

People sometimes mistakenly believe that drug distribution involves the for-profit transfer of a prohibited drug or controlled substance to another person. Obviously, someone accused of selling methamphetamine to their neighbors could face a distribution charge.

People with prescriptions for controlled substances could easily face similar accusations. Drug distribution does not necessarily require an exchange of money. The state merely needs to prove that someone transferred a controlled substance or banned drug to another person.

In cases where people have leftover pain medication or sleep aids after completing medical treatment, what they do with their leftover medication could lead to criminal charges. Perhaps they hand out medication to a family member who has an injury but no health insurance. Maybe they share with a neighbor or a co-worker.

The decision to share medication with someone else may seem like a kind gesture, but it is a violation of Texas state law. People who get caught in the act could end up arrested. The party who provides medication to someone else could also end up subject to scrutiny if the recipient gets arrested later.

Anyone accused of a serious Texas drug offense could be at risk of incarceration and a criminal record that could change the course of their life. Fighting back against drug charges requires an understanding of the law and the development of an appropriate strategy based on the state’s case.

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