Internet Drug Sales

Internet Drug Sales

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.

Dallas, TX Internet Drug Sales Lawyer

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.

Types of Internet Drug Sales Crimes

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:

 

Less than 28 grams — Class A Misdemeanor
28-200 grams — Third-Degree Felony
200-400 grams — Second-Degree Felony
400 grams or more — First-Degree Felony

 

Penalty Group 3:

 

Less than 28 grams — Class A Misdemeanor
28-200 grams — Third-Degree Felony
200-400 grams — Second-Degree Felony
400 grams or more — First-Degree Felony

 

Penalty Group 2:

 

Less than 1 gram — State Jail Felony
1-4 grams — Third-Degree Felony
4-400 grams — Second-Degree Felony
400 grams or more — First-Degree Felony

 

Penalty Group 1:

 

Less than 1 gram — State Jail Felony
1-4 grams — Third-Degree Felony
4-200 grams — Second-Degree Felony
200-400 grams — First-Degree Felony
400 grams or more — Enhanced First-Degree Felony

 

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:

 

distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);
uses in the course of manufacturing, prescribing, or distributing a controlled substance a Federal Drug Enforcement Administration registration number that is fictitious, revoked, suspended, or issued to another person;
issues a prescription bearing a forged or fictitious signature;
uses a prescription issued to another person to prescribe a Schedule II controlled substance;
possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; through use of a fraudulent prescription form; through use of a fraudulent oral or telephonically communicated prescription; or through the use of a fraudulent electronic prescription; or
furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.

 

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:

 

delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice;  or
possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed during the manufacturing or distribution process; by a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice; by a pharmacist or agent of a pharmacy during the professional practice of pharmacy; under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or by an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.

 

An offense under Texas Health and Safety Code § 481.129(a) is:

 

A second-degree felony if the controlled substance that is the subject of the offense is listed in Schedule I or II
A third-degree felony if the controlled substance that is the subject of the offense is listed in Schedule III or IV
A Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V

 

An offense under Texas Health and Safety Code § 481.129(a-1) is:

 

A second-degree felony if any controlled substance that is the subject of the offense is listed in Schedule I or II
A third-degree felony if any controlled substance that is the subject of the offense is listed in Schedule III or IV
A Class A misdemeanor if any controlled substance that is the subject of the offense is listed in Schedule V

 

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:

 

Less than 28 grams — State Jail Felony
28-200 grams — Second-Degree Felony
200-400 grams — First-Degree Felony
400 grams or more — Enhanced First-Degree Felony

 

Penalty Group 2:

 

Less than 1 gram — State Jail Felony
1-4 grams — Second-Degree Felony
4-400 grams — First-Degree Felony
400 grams or more — Enhanced First-Degree Felony

 

Penalty Group 1-A:

 

Fewer than 20 units — State Jail Felony
20-80 units — Second-Degree Felony
80-4,000 units — First-Degree Felony
4,000 or more units — Enhanced First-Degree Felony

 

Penalty Group 1:

 

Less than 1 gram — State Jail Felony
1-4 grams — Second-Degree Felony
4-200 grams — First-Degree Felony
200 grams or more — Enhanced First-Degree Felony

 

As for conspiracy crimes, Texas Penal Code § 15.02 establishes that a person commits criminal conspiracy if, with intent that a felony be committed:

 

they agree with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and
they or one or more of them performs an overt act in pursuance of the agreement.

 

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.

Internet Drug Sales Penalties in Texas

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:

 

Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000
State Jail Felony — Up to two years in state jail and/or fine of up to $10,000

 

Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000

 

Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000

 

First-Degree Felony — Up to 99 years or life in prison and/or fine of up to $10,000

 

Again, internet drug sales crimes can often result in federal charges. Criminal penalties can be greatly increased in such instances.

Internet Drug Sales Resources

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.

The Law Offices of Richard C. McConathy | Dallas Internet Drug Sales Attorney

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.


Client Testimonials

  • 5 stars
    I would like to thank the Law Office of Richard C. McConathy for your awesome and courtious attention to professionalism. I am amazed at Richard and Brian''s ability to get a fast resolution and am grateful to them for the time put into this matter. I could feel the genuine concern and dedication that the attorney''s put on my case.
    - Andrea L.
  • 5 stars
    I hired The Law Office of Richard C. McConathy after I got arrested for DWI. In my life of work, I absolutely could not have a conviction on my record. At trial, I was found Not Guilty. Brian and Richard are the best lawyers in Dallas!
    - David C.
  • 5 stars
    I was able to keep my driver''s license and keep a clean a record as both the ALR and DWI case were both dismissed! I was pleased with their professionalism and ability to work with me to achieve the best possible outcome, dismissals all around.
    - James M.
  • 5 stars
    I was pulled over on the North Dallas Tollway for going 90 mph. The cop said that I was all over the road, and failed all the field tests and was obviously intoxicated. I pretty much lost all hope that I would walk away from this. That was until I found Richard McConathy. Richard and his firm fought the DA and eventually got my case dismissed. I couldn''t give a bigger recommendation for these guys. If you''re in trouble don''t hesitate, it is worth it.
    - Greg B.
  • 5 stars
    The law offices of Richard C. McConathy represented me with the utmost professionalism and they secured a victory for my probation revocation case. My case was nine years old and I was told by other firms that it would be very difficult to get the judge to revoke. This firm took my case on, and not only won the judgment, but also got the original probation case conditions dismissed. I highly recommend this law firm to any person in need if legal representation. They are very considerate and extremely knowledgeable.
    - Brant G.
READ MORE TESTIMONIALS
(972) 233-5700
  1. videosVideos
  2. phone
  3. case resultsResults
  4. contactContact
X