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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4391
Experience:  Almost 12 years of legal experience, primarily in criminal law
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What quantity (in amount of pills / total number of milligrams)

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What quantity (in amount of pills / total number of milligrams) of a Schedule 4 controlled substance (xanax, valium, or soma) would be considered possession of a controlled substance with intent to distribute in the state of Texas? Assuming the quantity falls under the intent to distribute threshold, would an individual with no prior criminal record likely be sent to drug court in the state of Texas rather than regular court?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
Hello.

There is no magic number to be charged with PWID. Rather, the police and the prosecutor weigh the different factors in the case to decide whether something should be charged as PWID. The amount is one factor. They also look at whether there was some indicia that the items were for sale--ie whether they were packaged for sale, whether a defendant had conversations with prospective buyers, whether the officers found a lot of money on the defendant, etc.

Generally, first time drug offenders are eligible for drug treatment court if they express an interest in going and getting treatment. If drug court is not offered, you might be able to get a suspended imposition of sentence, which would keep the charge off your record if you complete a period of probation successfully.
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Customer: replied 7 years ago.
How common is it to be charged with PWID in the absence of any other factors besides quantity? Is quantity based on weight or number of pills? I'm interested for academic research purposes. More than 60 pills? 90 pills?
Expert:  Hammer O'Justice replied 7 years ago.
Someone is far less likely to be charged with PWID of prescription drugs absent other factors, because with abuse of prescription drugs, it is possible that someone with a fairly large quantity of pills could actually have it for personal use (unlike with say, 50 pieces of cocaine). It really depends from prosecutor to prosecutor and what they think they can prove. Prosecutors will also look at a defendant's record when deciding whether to proceed with the possession charge or the PWID charge usually as well. It's a totality of the circumstances test that prosecutors apply to determine whether the PWID charge should apply or not.
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