The moment you heard the words “conspiracy to distribute,” your world likely turned upside down. The term “conspiracy” is itself dramatic, but it doesn’t clarify what exactly you’re being charged with. What are charges for conspiracy to distribute, actually? In the simplest terms, conspiracy to distribute charges are serious federal offenses that allege you agreed with at least one other person to distribute controlled substances. 

Even if you never actually distributed any substances, prosecutors can bring these charges based solely on evidence of an agreement and steps taken toward carrying out that agreement. Conspiracy charges often come with the threat of lengthy federal prison sentences, hefty fines, and the possibility of a permanent criminal record that could affect everything from your career to your family life. 

Mark Thiessen and the Houston drug lawyers at Thiessen Law Firm have stood beside countless clients who were in your shoes, fighting complex cases in criminal court and winning them. We know every detail matters in conspiracy cases, and we’re ready to put our experience to work for you. Call (713) 864-9000 or contact us online to start mapping out a plan to protect your future.

What is conspiracy with intent to distribute?

Found in the Federal Controlled Substances Act under 21 U.S.C. § 846A, a drug conspiracy charge essentially alleges an agreement between two or more people to commit a crime — in this case, to distribute controlled substances. But it’s not just about the agreement. What makes these charges particularly complex is that prosecutors must also prove you knowingly and voluntarily joined this agreement with the intent to achieve its illegal goal.

Think of it this way: Simply being in the wrong place at the wrong time, or knowing people involved in drug distribution, isn’t enough for a conspiracy charge — but prosecutors often build cases using evidence that might seem incidental. Common evidence that supports conspiracy charges include things like a text message, a phone call, or even a brief meeting. They’ll try to paint these moments as proof of your involvement in the larger conspiracy.

In order to convict you, the prosecution needs to prove three key elements:

  1. An agreement existed between two or more people to distribute controlled substances
  2. You knew about this agreement
  3. You voluntarily joined or participated in this agreement

What makes conspiracy charges particularly dangerous is that you can be charged even if no drugs were ever actually distributed. The agreement and intent to distribute are enough. Even more concerning, you could potentially face charges for the actions of other people involved in the conspiracy, even if you didn’t know about or participate in those specific acts.

How serious is a conspiracy charge?

Conspiracy to distribute charges are among the most serious offenses in federal court, carrying penalties that can alter the course of your entire life. While state charges like possession of a dangerous drug in Texas are serious, federal conspiracy charges are even more severe, as federal prosecutors bring the full weight of their resources to these cases.

What’s particularly challenging about conspiracy charges is that prosecutors don’t need to catch you with any drugs. They just need to convince a jury that you were part of an agreement to distribute them. Your association with other defendants, phone records, financial transactions, and even casual conversations can be twisted into evidence against you.

What is the sentence for conspiracy to distribute?

Sentences for conspiracy to distribute charges mirror charges of possession with intent to distribute, carrying some of the most severe penalties in federal court. The length of your sentence depends primarily on two factors: the type of controlled substance involved and the quantity prosecutors claim was part of the conspiracy.

Here’s what to expect if you’re convicted for conspiracy to distribute:

CrimeAmount of substance possessedMaximum finePrison time
Use of a telephone facility for drug trafficking crimeN/A$250,000Up to 4 years
Use of a firearm during a drug trafficking crimeN/A$250,0005 years – life
Conspiracy to DistributeLess than 1 gram LSD, 5 grams methamphetamine, 28 grams crack cocaine, 100 grams heroin, 500 grams cocaine, or 100 kilograms marijuana$1 millionUp to 20 years
Conspiracy to DistributeMore than 1 gram LSD,5 grams methamphetamine, 28 grams crack cocaine, 100 grams heroin, 500 grams cocaine, or 100 kilograms marijuana$5 million5 – 40 years
Conspiracy to DistributeMore than 10 grams LSD, 50 grams methamphetamine, 280 grams crack cocaine, 1 kilogram heroin, 5 kilograms cocaine, or 1000 kilograms marijuana$10 million10 years – life

Beyond prison time and fines, federal drug conspiracy charges that led to a conviction carry life-altering consequences including:

  • Loss of professional licenses, certifications, and future career opportunities
  • Housing, education, and employment barriers, including ineligibility for federal benefits
  • Immigration consequences, including deportation for non-citizens
  • Loss of civil rights and travel restrictions that persist long after release

These collateral consequences can continue long after you’ve completed your prison sentence, affecting your ability to rebuild your life.

Continue reading: How to beat a felony drug charge

Conspiracy to distribute charge FAQs

How do you beat a conspiracy charge?

To beat conspiracy to distribute charges, your defense must focus on breaking down the key elements prosecutors need to prove — knowledge, agreement, and participation. Your Houston drug lawyer can challenge evidence as circumstantial, prove lack of knowledge about the conspiracy, or demonstrate you were merely present without actual involvement in any criminal agreement.

Is possession with intent to distribute a felony?

Yes, possession with intent to distribute and conspiracy of drugs charges are both federal felonies that carry severe mandatory minimum sentences. The level of felony and potential sentence depend on factors like the type and quantity of drugs involved, with penalties ranging from five years to life in prison.

What does a charge of conspiracy mean?

Generally, conspiracy charges are brought upon people when they have yet to finish completing a crime, but have planned and agreed to do so. A charge for conspiracy of drugs specifically alleges that you agreed with at least one other person to distribute controlled substances, even if no drugs were ever actually distributed. 

Thiessen Law Firm knows how to beat charges for conspiracy to distribute.

When your future is on the line, you need a defense team that takes complex drug cases to court and wins them. Hiring the right lawyer to fight your drug charge means protecting your life, and your future is worth the fight. 

Mark Thiessen, aggressive trial lawyer and founding attorney of Thiessen Law Firm, knows how to beat a possession charge in Texas, and his track record of success speaks for itself. Our firm has helped countless clients navigate these serious charges, often achieving case dismissals, charge reductions, and favorable plea agreements.

Your case deserves the attention of our experienced drug lawyers who will examine every detail, challenge the prosecution’s evidence, and fight aggressively to protect your rights and freedom. 

The sooner you reach out, the sooner we can start building your defense strategy. Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a confidential consultation.

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Mark Thiessen is an aggressive trial lawyer best known for his devotion to justice for his clients and high rank as a DWI Super Lawyer in Texas.