Texas Penal Code Practice 2025 – The All-in-One Guide to Mastering Your Exam!

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What is the primary difference between possession and distribution of controlled substances in Texas?

Possession refers to ownership, while distribution is giving away.

Possession is legal, distribution is not.

Possession involves control, while distribution means delivering to someone else.

The primary difference between possession and distribution of controlled substances in Texas revolves around the concept of control versus delivery. Possession pertains to having control over a controlled substance, regardless of whether the individual is using it personally or not. This means that a person can be charged with possession even if they are not consuming the substance but merely have it in their body or in a location over which they have dominion and control.

On the other hand, distribution involves the act of delivering or transferring controlled substances to another person. This includes not just giving away but also selling, dispensing, or otherwise distributing substances to others. Therefore, the distinction lies in the actions taken: possession signifies a personal holding of a substance, while distribution entails the active transfer of that substance to someone else. This nuanced difference is crucial in understanding the legal implications of each charge under the Texas Penal Code regarding controlled substances.

The other options do not accurately capture the legal definitions and implications of possession and distribution as recognized by Texas law. While possession and distribution might involve personal use and profit in practical scenarios, those aspects do not fundamentally define the legal differences.

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Possession is only for personal use, but distribution is for profit.

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