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Being charged with drug dealing

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El1v4n

Junior Member
Texas

I am being charged with drug dealing by a school I didnt not sell any drug I gave them away to a friend the friend had a bad reaction to it and had a seizure and had to go to the emergency room her friends reported it and the next day I was searched but they didnt find anything on me I got expelled and have been placed in an alternate education program a detective told me the school wanted to press charges of drug dealing the person that had a bad reaction to the drug does not want to press charges but the school does what are the chances of a conviction


The drug in question was marijuana in edible form (cookies)
 
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TheGeekess

Keeper of the Kraken
Texas

I am being charged with drug dealing by a school I didnt not sell any drug I gave them away to a friend the friend had a bad reaction to it and had a seizure and had to go to the emergency room her friends reported it and the next day I was searched but they didnt find anything on me I got expelled and have been placed in an alternate education program a detective told me the school wanted to press charges of drug dealing the person that had a bad reaction to the drug does not want to press charges but the school does what are the chances of a conviction


The drug in question was marijuana in edible form (cookies)
The question to press charges or not is not in the victim's hands.

Chances of a conviction depend on evidence.

You need an attorney. And stop passing out marijuana cookies/brownies/joints/etc at school. :cool:
 

El1v4n

Junior Member
The question to press charges or not is not in the victim's hands.

Chances of a conviction depend on evidence.

You need an attorney. And stop passing out marijuana cookies/brownies/joints/etc at school. :cool:
All they have is statements from other student in class. And I said I did have cookies but like I said none was found on me also I have no prior charges
 

dave33

Senior Member
All they have is statements from other student in class. And I said I did have cookies but like I said none was found on me also I have no prior charges
"And I said I did have cookies" So they have your statment too.
 

Ladyback1

Senior Member
Texas

I am being charged with drug dealing by a school I didnt not sell any drug I gave them away to a friend the friend had a bad reaction to it and had a seizure and had to go to the emergency room her friends reported it and the next day I was searched but they didnt find anything on me I got expelled and have been placed in an alternate education program a detective told me the school wanted to press charges of drug dealing the person that had a bad reaction to the drug does not want to press charges but the school does what are the chances of a conviction


The drug in question was marijuana in edible form (cookies)

It's not up to the other druggie on whether to press charges.
Most, if not all, states have laws prohibiting drug dealing or distribution of drugs within so many feet of any school campus.

Oh, and you aren't being charged by the school--you will be charged by the city/county/state.

Expulsion is the least of your problems....
 

CavemanLawyer

Senior Member
There is no crime of drug dealing in Texas. If charged it will be for delivery of marihuana. It could further be enhanced if done in a drug free zone (it sounds like this is the case) or if the person you gave the marihuana cookie to is a minor.

As someone previously said you don't have to sell anything you just have to give it to someone. You also do not have to possess any remaining marihuana and be found with it since the charge is for delivery not possession. If this person were taken to the hospital then they surely did blood tests. If he says you gave him a marihuana laced cookie, you told someone you gave him a marihuana laced cookie, and there is THC in his blood.... well like I said you need an attorney.
 

sandyclaus

Senior Member
...I am being charged with drug dealing by a school I didnt not sell any drug I gave them away to a friend...
I don't think the statute requires that you actually exchanged money for the drugs. Pretty sure it means DISTRIBUTION of the drug. You GAVE the drug to your friend. You are guilty of the crime.
 
There is no crime of drug dealing in Texas. If charged it will be for delivery of marihuana. It could further be enhanced if done in a drug free zone (it sounds like this is the case) or if the person you gave the marihuana cookie to is a minor.
The source I see says that the drug free zone penalty could be charged as a felony or a misdemeanor, to add detail to that.

El4v1n, are you a minor?
 

FlyingRon

Senior Member
First off, presuming we're talking 1/4 ounce or more, we're talking a state jail felony even BEFORE the DFZ enhancement. The enhancement jumps it up to a class C felony. Wobblers are a California thing.

Texas is one of the few places where delivery without renumeration is a lesser penalty, but only for very small (less than 1/4 ounce) amounts. In that case distribution without renumeration is a class B mis that gets jumped up to class A mis if in a DFZ
 

CavemanLawyer

Senior Member
The source I see says that the drug free zone penalty could be charged as a felony or a misdemeanor, to add detail to that.

El4v1n, are you a minor?
A DFZ enhancement works like any other enhancement by raising the degree of offense one level. Whether that bumps it up to a felony or only up to a Class A misdemeanor depends on the underlying charge.

The relevant statutes here are all under section 481 of the Health and Safety Code.

Sec. 481.120. OFFENSE: DELIVERY OF MARIHUANA. (a) Except as authorized by this chapter, a person commits an offense if the person knowingly or intentionally delivers marihuana.

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and

(6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds.
Sec. 481.134. DRUG-FREE ZONES. (a) In this section:

(1) "Minor" means a person who is younger than 18 years of age.

(2) "Institution of higher education" means any public or private technical institute, junior college, senior college or university, medical or dental unit, or other agency of higher education as defined by Section 61.003, Education Code.

(3) "Playground" means any outdoor facility that is not on the premises of a school and that:

(A) is intended for recreation;

(B) is open to the public; and

(C) contains three or more play stations intended for the recreation of children, such as slides, swing sets, and teeterboards.

(4) "Premises" means real property and all buildings and appurtenances pertaining to the real property.

(5) "School" means a private or public elementary or secondary school or a day-care center, as defined by Section 42.002, Human Resources Code.

(6) "Video arcade facility" means any facility that:

(A) is open to the public, including persons who are 17 years of age or younger;

(B) is intended primarily for the use of pinball or video machines; and

(C) contains at least three pinball or video machines.

(7) "Youth center" means any recreational facility or gymnasium that:

(A) is intended primarily for use by persons who are 17 years of age or younger; and

(B) regularly provides athletic, civic, or cultural activities.

(b) An offense otherwise punishable as a state jail felony under Section 481.112, 481.113, 481.114, or 481.120 is punishable as a felony of the third degree, and an offense otherwise punishable as a felony of the second degree under any of those sections is punishable as a felony of the first degree, if it is shown at the punishment phase of the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or

(2) in, on, or within 300 feet of the premises of a public swimming pool or video arcade facility.

(c) The minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:

(1) in, on, or within 1,000 feet of the premises of a school, the premises of a public or private youth center, or a playground; or

(2) on a school bus.

... abbreviated...
And finally you could be charged for delivery to a minor if the elements fit and you don't qualify for an affirmative defense.

Sec. 481.122. OFFENSE: DELIVERY OF CONTROLLED SUBSTANCE OR MARIHUANA TO CHILD. (a) A person commits an offense if the person knowingly delivers a controlled substance listed in Penalty Group 1, 1-A, 2, or 3 or knowingly delivers marihuana and the person delivers the controlled substance or marihuana to a person:

(1) who is a child;

(2) who is enrolled in a public or private primary or secondary school; or

(3) who the actor knows or believes intends to deliver the controlled substance or marihuana to a person described by Subdivision (1) or (2).

(b) It is an affirmative defense to prosecution under this section that:

(1) the actor was a child when the offense was committed; or

(2) the actor:

(A) was younger than 21 years of age when the offense was committed;

(B) delivered only marihuana in an amount equal to or less than one-fourth ounce; and

(C) did not receive remuneration for the delivery.

(c) An offense under this section is a felony of the second degree.

(d) In this section, "child" means a person younger than 18 years of age.

(e) If conduct that is an offense under this section is also an offense under another section of this chapter, the actor may be prosecuted under either section or both.
 

El1v4n

Junior Member
Yes,i am a minor im 16 but im turning 17 in april
And the person I gave it to wasnt a minor
 
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CavemanLawyer

Senior Member
You will still be a minor in April, although the courts may decide to charge you as an adult.
The age of majority for criminal responsibility in Texas is 17 not 18, so no he will no longer be a minor come April. But yes he was clearly a minor at the time of the offense which is what matters. It is possible to certify this offense to be tried as an adult but with no prior juvenile history and a non-violent offense it would be virtually unheard of. If they were going to do anything more than just file a juvenile case they'd do determinate sentencing rather than certify.
 

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