Possession and Delivery of a Controlled Substance

[Queenbee712]

What is the name of your state (only U.S. law)? TEXAS


A college student has been charged with possession of a controlled substance (mushrooms)--category 2 felony more than 4G but under 400G.
A new charge has been brought to the same case.. of 'manufacture/delivery" of controlled substance - still a category 2 felony but is for the a controlled substance that is more than 1G but under 4G.


My question is. How can someone possess more than 4G but under 400G of a controlled substance but 'deliver' between 1G but under 4. Doesn't this seem contradictory?

For example if they found 10 grams of the said controlled substance and a delivery charge was brought forth, it should also be for the 10 grams correct? Do I understand this correctly?

I'm a bit confused. what happens in a case like this? Has there been a mistake? what do we do? can they 'correct' it?

 

[TheGeekess]

What is the name of your state (only U.S. law)? TEXAS


A college student has been charged with possession of a controlled substance (mushrooms)--category 2 felony more than 4G but under 400G.
A new charge has been brought to the same case.. of 'manufacture/delivery" of controlled substance - still a category 2 felony but is for the a controlled substance that is more than 1G but under 4G.


My question is. How can someone possess more than 4G but under 400G of a controlled substance but 'deliver' between 1G but under 4. Doesn't this seem contradictory?

For example if they found 10 grams of the said controlled substance and a delivery charge was brought forth, it should also be for the 10 grams correct? Do I understand this correctly?

I'm a bit confused. what happens in a case like this? Has there been a mistake? what do we do? can they 'correct' it?

Triplicate thread.
https://forum.freeadvice.com/other-crimes-federal-state-4/possession-delivery-controlled-substance-594104.html
https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/possession-delivery-controlled-substance-594105.html
https://forum.freeadvice.com/drug-charges-28/possession-delivery-controlled-substance-594103.html

 

[Just Blue]

What is the name of your state (only U.S. law)? TEXAS


A college student has been charged with possession of a controlled substance (mushrooms)--category 2 felony more than 4G but under 400G.
A new charge has been brought to the same case.. of 'manufacture/delivery" of controlled substance - still a category 2 felony but is for the a controlled substance that is more than 1G but under 4G.


My question is. How can someone possess more than 4G but under 400G of a controlled substance but 'deliver' between 1G but under 4. Doesn't this seem contradictory?

For example if they found 10 grams of the said controlled substance and a delivery charge was brought forth, it should also be for the 10 grams correct? Do I understand this correctly?

I'm a bit confused. what happens in a case like this? Has there been a mistake? what do we do? can they 'correct' it?

Is this a homework question? If not...Who is "we"? What is your relationship to the defendant? Does the defendant have an attorney? And who is "they" ??

 

[I'mTheFather]

Perhaps the college student had 8G in bulk and 2 grams packaged for sale.

Or maybe the college student tried to sell 2 grams to an undercover or informant.

Or maybe someone's being nice.

 

[dave33]

What is the name of your state (only U.S. law)? TEXAS


A college student has been charged with possession of a controlled substance (mushrooms)--category 2 felony more than 4G but under 400G.
A new charge has been brought to the same case.. of 'manufacture/delivery" of controlled substance - still a category 2 felony but is for the a controlled substance that is more than 1G but under 4G.


My question is. How can someone possess more than 4G but under 400G of a controlled substance but 'deliver' between 1G but under 4. Doesn't this seem contradictory?

For example if they found 10 grams of the said controlled substance and a delivery charge was brought forth, it should also be for the 10 grams correct? Do I understand this correctly?

I'm a bit confused. what happens in a case like this? Has there been a mistake? what do we do? can they 'correct' it?

The state can amend the charges basically however and whenever they see fit. The questions you ask can be brought up by your lawyer. He can mention these when A., He discusses a plea deal or B., When he starts to put together motions for the trial.

 

[CavemanLawyer]

No its not contradictory. There are any number of different scenarios that could result in charges like that.

1) person sells mushrooms (weighing 1g) to an undercover police officer or to a confidential informant. They use this act to get a search warrant for their house and find 20 grams of more mushrooms at their home, but no other items consistent with drug dealing. So they charge delivery for the drug sale and only possession for the drugs they found later.

2) The charges are not for the same controlled substance. They catch him with mushrooms and LSD. There is a single bag of mushrooms weighing 5G and no indication he intended to sell them. But the LSD (weighing only 3G) is packaged for sale and maybe he has ledgers of sales or some other evidence that he sells LSD. He gets charged with possession for the mushrooms and possession with intent to deliver for the LSD. Whether you actually deliver (sell) drugs, possess with the intent to deliver, or manufacture the drugs yourself, it all gets charged under the same Manufacture/Deliver statute.