What is Possession with Intent to Distribute in Texas?

Possession with intent to distribute in Texas is a very serious charge. Depending on what type and how much of a drug you were allegedly caught with, you could face up to $250,000 in fines and up to 99 years in prison. Obviously, this is the kind of charge you want to fight and fight hard.

Let’s take some time to answer the question, “What is intent to distribute in Texas?” and then quickly cover what types of penalties you can expect with this particular charge.

What is possession with intent to distribute in Texas?

Possession with intent to distribute charges are outlined in The Texas Controlled Substance Act — which makes it illegal to possess, manufacture, or distribute drugs. For you to be hit with an “intent to distribute” charge, then the prosecutor must be able to prove that you “knowingly” manufactured a drug or intended to distribute a drug.

For a prosecutor to prove anything beyond possession, it usually means they have to provide the court with evidence that you actually played a role in manufacturing the drugs or that you were preparing to distribute them.

Manufacturing is often easier to prove (if there’s physical evidence, that is). Physical evidence of “manufacturing” can encompass a variety of equipment and material — including anything used to plant, grow, convert, process, test, store, or conceal drugs. Witness testimony can also be used against you.

However, proving that you intended to distribute the drugs can be slightly more difficult for the prosecutor — but only slightly. Anything from weapons to packaging material to excess cash can be used as circumstantial evidence to support the intent to distribute.

Note: Possession of a dangerous drug in Texas is not the same as possession with intent to distribute. While they are both very serious charges, intent to distribute has harsher penalties and fines.

What are the penalties for possession with intent to distribute in Texas?

The Texas Controlled Substance Act is also the policy that’s responsible for classifying the drugs by group. These penalties and fines get steeper and steeper based on what “group” the drug belongs to and how much of the drug you were caught with. So, let’s cover what those groups are and what specific possession with intent to distribute Texas penalty you can expect to face.

Group 1

High-abuse substances such as cocaine, opium, date rape drugs, and methamphetamines
Up to 4 grams
- Up to 20 years in prison
- Up to $10,000 fine
- Second-degree felony
Up to 200 grams
- Up to 99 years in prison
- Up to $10,000 fine
- Second-degree felony
200+ grams
- Up to 99 years in prison
- Up to $250,000 fine
- Enhanced first-degree felony

Learn more about the penalties and circumstances of cocaine possession in Texas.

Group 2

High-abuse substances such as hallucinogens
Up to 4 grams
- Up to 20 years in prison
- Up to $10,000 fine
- Second-degree felony
Up to 400 grams
- Up to 99 years in prison
- Up to $10,000 fine
- First-degree felony
400+ grams
- Up to 99 years in prison
- Up to $100,000 fine
- Enhanced first-degree felony

Group 3

Lower-abuse substances such as Xanax and acid
Less than 28 grams
- Up to 2 years in prison
- Up to $10,000 fine
- State jail felony
Up to 200 grams
- Up to 20 years in prison
- Up to $10,000 fine
- Second-degree felony
Up to 400 grams
- Up to 99 years in prison
- Up to $10,000 fine
- First-degree felony
400+ grams
- Up to 99 years in prison
- Up to $100,000 fine
- Enhanced first-degree felony

Group 4

Lower-abuse substances such as prescription drugs
Less than 28 grams
- Up to 2 years in prison
- Up to $10,000 fine
- State jail felony
Up to 200 grams
- Up to 20 years in prison
- Up to $10,000 fine
- Second-degree felony
Up to 400 grams
- Up to 99 years in prison
- Up to $10,000 fine
- First-degree felony
400+ grams
- Up to 99 years in prison
- Up to $100,000 fine
- Enhanced first-degree felony

How to fight a possession with intent to distribute charge

If you want to know how to beat a possession charge in Texas, then you need to find an experienced lawyer. More specifically, you’ll want to look for a drug possession attorney in Houston who has:

Obtained “Not Guilty” verdicts in the courtroom
Handled all levels and types of drug charges
Successfully tested various defense strategies in court
Received a lawyer-scientist designation

Your best defense strategy is to find a lawyer that matches the above requirements. Once you find a lawyer you trust to fight your charge of possession with intent to distribute in Texas, they will discuss options for your defense. These strategies may involve:

Proving you did not have an intent to distribute: As we mentioned earlier, proving intent to distribute can be slightly more difficult for a prosecutor. A good lawyer can use this to their advantage. Any weakness they can find in the prosecutor’s case against you can result in reasonable doubt in the minds of the jurors.
Proving there was an illegal search and seizure: If your 4th Amendment right was violated in order to obtain evidence against you, then this can work in your favor. In the best-case scenario, the evidence is tossed out and the case is dismissed.
Discrediting police or witness testimony: If your lawyer can prove a witness or officer is lying or at the very least, prove that certain elements of their story don’t add up, then this can also result in reasonable doubt in the minds of the jurors.

Charged with possession with intent to distribute in Texas?

If you have been charged with a drug-related offense, you need a lawyer who can prove they know how to beat a felony drug charge. At Thiessen Law Firm, we can prove that to you — and then, make it happen in court.

With hundreds of “Not Guilty” verdicts and thousands of dismissals, we are Houston’s go-to law firm for felony possession charges. Contact us today for a free case evaluation.

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Thiessen Law Firm

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.

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