The Difference Between Drug Possession and Intent to Distribute

 Posted on October 20, 2023 in Criminal Defense

Drug-related offenses carry serious consequences, and understanding the legal distinctions between charges such as drug possession and intent to distribute is crucial, particularly in Texas. If you are facing drug charges, you need a lawyer to fight for your rights and interests proactively. While very few things are ever guaranteed in criminal law, hiring a lawyer is the best decision you can make during this critical time. 

Drug Possession in Texas

In Texas, drug possession refers to having illegal substances in one’s possession, either on their person or within their control. The state categorizes controlled substances into penalty groups, ranging from Group 1 to Group 4, based on their potential for abuse and medical use. The penalties for drug possession vary depending on the type and quantity of drugs involved. 

In many cases, drug possession in Texas is charged as a felony, especially when it involves larger amounts of certain types of drugs. Of course, a felony drug charge conviction carries far more severe penalties than a misdemeanor conviction.

Intent to Distribute in Texas

Also referred to as possession with intent to deliver, intent to distribute is considered a crime of increased severity compared with drug possession in Texas, as it involves the intention to sell, deliver, or distribute illegal drugs. Proving intent to distribute can be challenging for the prosecution, as it requires evidence beyond mere possession. 

In Texas, intent to distribute is typically charged as a felony offense. The penalties for this offense depend on various factors, including the type and quantity of drugs involved, as well as the defendant’s criminal history. If convicted, individuals may face very expensive fines, lengthy prison sentences, and other consequences as well. 

Proving intent to distribute often relies on evidence such as large quantities of drugs, packaging materials, scales, cash, or witness testimonies. The presence of drug paraphernalia or messages related to drug transactions can also contribute to establishing intent to distribute. 

Legal Defenses in Texas

If you are facing drug charges involving possession or the intent to distribute, you and your lawyer will need to sit down and build a defense on your behalf. Your lawyer may decide to challenge the legality of the search and seizure, contest the intent to distribute, dispute the possession, or question the accuracy of the evidence presented. 

Contact a Tarrant County, TX Criminal Defense Lawyer 

For help fighting these very serious drug charges, contact the skilled Fort Worth, TX criminal defense attorney with The Dameron Law Firm. Contact us at 817-222-0624 for a free consultation.