Most Drug Offenses are enumerated in the Texas Heath & Safety Code, which outlines the controlled substances and crimes. Among the most ilicit drugs in the Code are Methamphetamine, Cocaine, Heroin, and even . Each drug has different punishments and consequences attached, depending on the amounts and circumstances under which the arrest occurred.
When you are arrested with a larger quantity of drugs than the prosecutor feels one person could use, or if you are arrested with a scale or individually wrapped pacakages, you may be charged with drug sales. Even if you brought the scale to ensure you wouldn't be ripped off, or you were stocking up for a long weekend, those items can be indicia of drug sales. Other indicia of drug sale may include (according to the district attorney's expert witness testiimony) scales, pay owe sheets, pagers or extra cell phones, extra empty zip lock baggies, phone or contact lists, and even weapons.
The Texas Health and Safety Code Possession punishes sale or delivery of marijuana depending on the amount sold. Delivery of Marijuana is a Class A misdemeanor if the amount of marijuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marijuana; a state jail felony if the amount of marijuana delivered is five pounds or less but more than one-fourth ounce; a felony of the second degree if the amount of marijuana delivered is 50 pounds or less but more than five pounds; and, a felony of the first degree if the amount of marijuana delivered is 2,000 pounds or less but more than 50 pounds.
Generally, Delivery of Marijuana comes about one of three main ways: 1) A friend or buyer of marijuana is busted and confesses to the police as to the Marijuana seller; 2) the police observe a hand to hand drug sale or observe marijuana delivery during a sting operation with an undercover officer; or 3) where an individual is arrested for possession of marijuana and the officer finds indicia of marijuana sales (potential evidence of sales) such as log books, pay owe sheets, text messages, scales, extra baggies, and large amounts of separately pre-packaged marijuana.
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