The internet is truly a modern marvel of technology that has given all of us the abilities to do a number of things we had never even dreamt of, and one of the most common uses of the internet for most people is to purchase a wide variety of goods. While drugs are rarely sold on major websites, they can still be found on underground websites and the Global Drug Survey reported that the number of people buying drugs online is on the rise.
As the National Institutes of Health (NIH) reported, law enforcement focus on websites selling controlled substances without prescriptions led to the development of cryptomarkets, places in which people can purchase drugs online anonymously using cryptocurrency. While some people have come to believe that such markets make for safe online places to purchase illegal drugs, many alleged offenders are still arrested for a variety of internet drug sale crimes.
Were you arrested in Dallas or a surrounding area of Texas for an alleged internet drug sale crime? You could be facing some very serious criminal charges and will want to be sure that you have The Law Offices of Richard C. McConathy on your side.
Texas takes all drug crimes seriously, and it is important to keep in mind that many of these types of offenses can also result in federal charges. Call (972) 233-5700 or contact us online right now to take advantage of a free consultation that will let our firm review your case and immediately begin helping you.
In some cases, internet drug crimes in Texas may result in state charges. Many cases, however, can involve other states and will result in federal charges.
The type of activity an alleged offender was involved in will often dictate the criminal charges they will face. Criminal charges in these cases could range from drug possession to drug trafficking to prescription fraud to drug conspiracy.
A simple possession offense will depend on the amount of drugs an alleged offender purchased online. Texas has four penalty groups for drug crimes, and possession crimes are classified as follows for the different penalty groups:
Penalty Group 4:
Penalty Group 3:
Penalty Group 2:
Penalty Group 1:
A prescription drug fraud crime in Texas can be complicated. Under Texas Health and Safety Code § 481.129(a), a person commits prescription drug fraud if the person knowingly:
Texas Health and Safety Code § 481.129(a-1) further states that a person commits prescription drug fraud if they, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. Under Texas Health and Safety Code § 481.129(b), a person also commits an offense if they knowingly or intentionally make, distribute, or possess a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or manufacture, deliver, or possess with intent to deliver a counterfeit substance.
Finally, Texas Health and Safety Code § 481.129(c) establishes that a person commits an offense if the person knowingly or intentionally:
An offense under Texas Health and Safety Code § 481.129(a) is:
An offense under Texas Health and Safety Code § 481.129(a-1) is:
An offense under Texas Health and Safety Code § 481.129(b) is a Class A misdemeanor. An offense under Texas Health and Safety Code § 481.129(c)(1) is a second-degree felony if the alleged offender delivers a prescription form or a prescription for a controlled substance listed in Schedule II and a third-degree felony if the alleged offender delivers a prescription for a controlled substance listed in Schedule III, IV, or V. An offense under Texas Health and Safety Code § 481.129(c)(2) is a state jail felony if the alleged offender possesses a prescription form or a prescription for a controlled substance listed in Schedule II or III and a Class B misdemeanor if the alleged offender possesses a prescription for a controlled substance listed in Schedule IV or V.
When it comes to drug trafficking charges, internet drug sales crimes can be classified as follows:
Penalty Group 3 or 4:
Penalty Group 2:
Penalty Group 1-A:
Penalty Group 1:
As for conspiracy crimes, Texas Penal Code § 15.02 establishes that a person commits criminal conspiracy if, with intent that a felony be committed:
A conspiracy offense is classified as one category lower than the most serious felony that is the object of the conspiracy, such that if the most serious felony that is the object of the conspiracy is a state jail felony, the offense is a Class A misdemeanor.
Consequences of convictions for internet drug sales will depend on the specific crime you have been accused of. In general, criminal penalties break down as follows:
Again, internet drug sales crimes can often result in federal charges. Criminal penalties can be greatly increased in such instances.
Taking Stock of the Online Drugs Trade | RAND — According to RAND, illegal drug transactions on crypto markets have tripled since 2013 and revenues have doubled. Total drug revenues on cryptomarkets (excluding prescription drugs, alcohol, and tobacco) during January 2016 were estimated to be between $12.0 million and $21.1 million. Furthermore, there is evidence that drugs sold on cryptomarkets are fuelling offline drug markets, with buyers sourcing stock for offline distribution.
DEA Consumer Alert – DEA Diversion Control Division — The Drug Enforcement Administration warns in this consumer alert that purchasing drugs online may be illegal and dangerous. You can use this website to report suspicious online pharmacies. View the results of a DEA investigation, Operation Cyber Chase, from 2005.
If you were arrested for an online drug sales crime in Dallas, you are going to want to find yourself a lawyer without delay. Make The Law Offices of Richard C. McConathy your first call.
Our firm handles all kinds of drug cases in Texas, including ones involving federal charges. You can have us look at your case when you call (972) 233-5700 or contact our firm online to set up a free consultation.