Question by SWATgirl: How much methamphetamines qualifies for “intent to distribute” in Texas?
Is four grams a third degree felony and is it considered distribution?
Best answer:
Answer by mikeysco
Hard to believe this question has been here for two hours with no answers.
And I don’t know that I can give the definite answer, but I think I can offer something.
I doubt that Texas (or any state) has an automatic quantity of methamphetamine that makes it intent to distribute. They might, and certainly ten pounds should qualify, but what about five… one… half pound… quarter pound…etc.
The problem is that I can make a case for intent to distribute if I’ve got a case with four grams of methamphetamine, empty baggies, a scale, a list of buyers, a bunch of twenty dollar bills, and surveillance showing lots of people in and out of a house. Might even be able to make that case with only two grams of methamphetamine.
So while Texas might have a minimum amount required to support the charge, I doubt it just because a lot will depend on the particular circumstances of the case.
And I’m sorry, but I can’t address the third degree felony business (we don’t even have “degree” crimes here). There are some Texas cops here, though, and maybe one of them can comment further.
What do you think? Answer below!