Possession with Intent to Distribute in Texas
What Elevates a Simple Possession Charge
If you’re charged with drug possession in Texas, the stakes are high—but when the charge includes “intent to distribute,” things get much more serious. A simple possession case might result in probation or drug treatment, but a possession with intent charge often carries mandatory prison time and a felony conviction that can follow you for life.
In this post, you’ll learn exactly what “possession with intent to distribute” means under Texas law, how prosecutors decide to upgrade a charge, and what defenses a skilled attorney near you can use to fight back.
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What Does “Possession with Intent to Distribute” Mean?
Under the Texas Controlled Substances Act, possession with intent to distribute means that someone knowingly had a controlled substance and intended to deliver it to someone else. Delivery doesn’t always mean a sale—sharing, trading, or even giving drugs away for free can qualify.
The legal elements of this charge are:
- You had actual or constructive possession of a controlled substance
- You were aware of the drug and its illegal nature
- You intended to deliver or distribute the drug to another person
Unlike simple possession (which implies personal use), “possession with intent to distribute” suggests a broader plan—and carries much stiffer penalties as a result.
What Elevates a Simple Possession Charge?
Prosecutors don’t need a text message or a recorded conversation to charge you with intent to distribute. They often rely on circumstantial evidence, also called “affirmative links,” that suggest you planned to sell or share the drugs.
You might be charged with possession with intent to distribute if any of the following are present:
- You had large quantities of drugs
- The drugs were divided into multiple baggies or packages
- You had scales, measuring tools, or baggies nearby
- You had a large amount of cash, especially in small denominations
- Law enforcement witnessed suspicious activity consistent with drug sales
- You had weapons or security measures consistent with drug trafficking
- You were in a high-traffic area known for drug sales
Even if you never made a sale, police and prosecutors may argue that these signs show you were preparing to distribute.
Examples of Situations That Could Lead to Intent Charges
- A man pulled over with 6 small baggies of cocaine and $700 in cash in the glove box
- A woman arrested with 12 Adderall pills not in a prescription bottle, plus digital scales
- A college student caught with several ounces of marijuana individually wrapped
- A person found with a large stash of pills and multiple text messages about “hooking up” friends
In all these cases, the state might try to elevate a possession charge to intent to distribute based on the totality of the circumstances—even without a direct admission or observed transaction.
Penalties for Possession with Intent to Distribute in Texas
The punishment for possession with intent depends on the type and amount of drug, and the corresponding Penalty Group under Texas law.
Penalty Group 1 (cocaine, heroin, meth):
- Less than 1 gram: State jail felony
- 1 to 4 grams: Second-degree felony
- 4 to 200 grams: First-degree felony
- Over 200 grams: Enhanced first-degree felony, 10 to 99 years or life in prison
Penalty Group 1-B (fentanyl):
- Charges escalate more quickly due to the high potency and public health risk
Penalty Group 2 (ecstasy, PCP):
- Less than 1 gram: State jail felony
- 1 to 4 grams: Second-degree felony
- Over 4 grams: First-degree felony
Penalty Group 3 (Xanax, Valium, steroids):
- Less than 28 grams: State jail felony
- Over 28 grams: Third-degree or higher, depending on weight
Penalty Group 4 (cough syrup, narcotic mixtures):
- Penalties mirror those in Group 3
Marijuana (treated separately):
- Less than ¼ ounce with no money exchange: Class B misdemeanor
- ¼ ounce or more: Class A misdemeanor to felony, depending on weight
These penalties may increase significantly if you’re found distributing near a school, playground, or other drug-free zone.
Is Intent to Distribute a Felony in Texas?
In almost every case, yes. While simple possession can be a misdemeanor for small amounts, possession with intent is charged as a felony—even for low-weight cases. A conviction can lead to years in prison, thousands in fines, and a permanent criminal record that makes it harder to get a job, housing, or student aid.
What Are the Defenses to Possession with Intent to Distribute?
If you’re charged with intent to distribute, your best chance of avoiding a conviction is hiring a criminal defense attorney near you—someone who understands how to push back on the prosecution’s assumptions and challenge weak evidence.
Common defenses include:
- Lack of knowledge: You didn’t know the drugs were there
- No intent to distribute: The drugs were for personal use
- Unlawful search and seizure: Police violated your rights during a stop or search
- Constructive possession issues: The drugs were in a shared space or belonged to someone else
- No affirmative links: No packaging materials, cash, or scales were present
Your attorney may also be able to negotiate the charge down to simple possession or qualify you for a diversion program if this is your first offense.
Why You Shouldn’t Wait to Call a Lawyer
Possession with intent to distribute isn’t just a drug charge—it’s a charge that labels you as a dealer in the eyes of the court. That label follows you, and the penalties are serious. You need someone who knows how to challenge the assumptions prosecutors will make and build a strategy to keep you out of prison.
