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Criminal Law   February 3,2025

Drug Possession vs. Distribution in Texas: Understanding the Charges

Facing drug charges can leave you unsure about your future and your freedom. These serious charges can often leave you with significant consequences that can affect your life long term. In Texas, it’s vital to understand that “possession” and the “intent to distribute” are often used in conjecture with each other, but have significant differences. But navigating the nuances and the legal implications that come with them can be challenging. We understand that a drug charge can ruin your life, with so much at stake, you need Underwood & Associates to fight for your rights.

If you are facing drug charges in Texas, you need an experienced drug crimes attorney who understands the distinctions in these charges and any potential implications you could face. Our McKinney and Collin County drug crime attorneys at Underwood & Associates will work by your side to ensure that you receive the best possible outcome for your case. 

Drug Possession vs. Distribution in Texas

When it comes to drug-related charges, the distinction between possession and distribution is significant and can drastically affect the penalties you may face. Drug possession generally refers to having a controlled substance for personal use and is often considered a lower-level offense. On the other hand, drug distribution involves possessing controlled substances with the intent to sell or distribute them to others, making it a much more severe charge. The intent behind the possession, as well as the quantity of the substance, plays a key role in determining the charge. 

What is Drug Possession in Texas? 

When you are facing drug charges in Texas, you are facing some of the harshest consequences in the nation.  Under Texas law, this doesn’t necessarily mean the drugs have to be found directly on your person—they may be discovered in an area you control, like your vehicle or home. The impact of a drug possession charge extends far beyond the courtroom. A conviction can leave you with a permanent criminal record, making it difficult to secure employment, rent an apartment, or even pursue educational opportunities.

Potential Penalties for Possession

Drug possession charges in Texas can leave you facing serious consequences that can have a lasting impact on your future. Determining the factors that can significantly impact the charges is the first step to determining the type of penalties you may be facing. Under the Texas Controlled Substances Act, the kind of drug and its amount play a significant role in determining the severity of the charges.The penalties also change based on the classification of the offense, with misdemeanors generally being less severe than felonies. However, aggravating circumstances, such as possession near a school or intent to distribute, can lead to harsher consequences.

Offense LevelQuantityPenalties
Class B MisdemeanorPossession of up to two ounces of marijuanaUp to 180 days in jail and a fine of up to $2,000
Class A MisdemeanorPossession of two to four ounces of marijuanaUp to a year in jail and a fine of up to $4,000
Third-Degree FelonyPossession of one to four grams of a controlled substance in Penalty Group 1 (e.g., heroin, meth).2 to 10 years in prison and a fine of up to $10,000
Second-Degree FelonyPossession of four to 200 grams of a controlled substance in Penalty Group 1.2 to 20 years in prison and a fine of up to $10,000.
First-Degree FelonyPossession of 200 to 400 grams of a controlled substance in Penalty Group 1.5 to 99 years, or life in prison and a fine of up to $10,000.

The penalties for drug possession in Texas can range from fines and probation to significant jail time and hefty financial penalties. These steep consequences underscore the importance of understanding the factors that influence charges as well as the potential penalties.

What is Drug Distribution in Texas?

Drug distribution in Texas refers to the act of delivering, selling, or offering to sell a controlled substance without legal authorization, as defined under the Texas Controlled Substances Act. This charge is often based on evidence like large quantities of drugs, packaging materials, scales, or communication suggesting a sale or delivery. 

The penalties for drug distribution in Texas can be severe, ranging from significant fines to lengthy prison sentences, with the specific punishment depending on factors such as the type and amount of the drug and whether the alleged offense occurred in a sensitive area, like near a school. 

Penalties for Drug Distribution

Drug distribution charges in Texas carry severe consequences that can permanently alter your life. The penalties depend on the type of drug, the amount involved, and any prior criminal record. Texas law categorizes controlled substances into penalty groups, with harsher punishments for highly dangerous drugs like methamphetamine, heroin, and cocaine. A conviction can result in substantial prison sentences, steep fines, and a lifelong criminal record. 

Drug distribution penalties can include:

  • Less than 1 gram: State jail felony, punishable by 6 months to 2 years in state jail, and fines of up to $10,000.
  • 1 to 4 grams: Second-degree felony, carrying 2 to 20 years in prison and fines up to $10,000.
  • 4 to 200 grams: First-degree felony, with sentences ranging from 5 to 99 years, or life in prison, and up to $10,000 in fines.
  • 200 to 400 grams: Enhanced first-degree felony, punishable by 10 to 99 years, or life in prison, with fines reaching $100,000.
  • More than 400 grams: Enhanced first-degree felony, resulting in 15 to 99 years, or life in prison, and fines of up to $250,000.

The stakes are incredibly high, so navigating these charges without skilled legal representation can be overwhelming. Reach out to Underwood & Associates to explore your defense options and safeguard your future.

Distinguishing Distribution from Possession

Facing drug charges in Texas can be overwhelming, and while both drug charges are serious, they carry vastly different consequences. Possession is typically viewed as a less severe offense, and drug distribution is prosecuted more harshly. Understanding the distinction between the two and hiring a criminal defense attorney who knows how to use these distinctions in your case is extremely valuable in your defense counsel. 

A knowledgeable criminal defense attorney will thoroughly examine the details of your case, looking for opportunities to challenge the prosecution’s evidence. For instance, they may argue that there is no proof of intent to distribute or that unlawful search and seizure violated your rights. 

Your attorney's role is to build a strong defense, potentially reducing your charges from distribution to possession or getting them dismissed altogether. Whether that means negotiating probation, moving you into a diversion program, or minimizing the long-term impact of your charges, they’ll protect your rights and fight for your future.

Contact Underwood & Associates for a Free Consultation

If you are facing life altering drug possession or distribution charges, you need to seek the legal advice of Underwood & Associates. We will be able to build a strong defense on your behalf and will do what it takes to obtain the best possible results for your case. Contact Underwood & Associates today to get started on safeguarding your future.

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