Charged With Drug Possession vs. Intent To Distribute in Texas

 Posted on June 05, 2025 in Drug Charges

Most people are aware that if you are caught with drugs, you will likely be charged with possession. However, not everyone knows that possession can sometimes elevate a charge for the intent to distribute. Texas law treats these as separate offenses with different penalties, and experienced Allen, TX drug possession defense attorneys will build a defense based on the type of drug charge and the unique circumstances surrounding the case. If you have been charged with drug possession or possession with the intent to distribute, consider the difference between the two and how the charges will impact your defense strategy.

What Is Drug Possession Under Texas Law?

According to the Texas Controlled Substances Act, a charge for drug possession refers to the illegal custody, control, or care over a controlled substance, which may include having drugs on your person or in your home or vehicle. "Controlled substance" is a broad phrase that encompasses narcotics, stimulants, chemicals, and other dangerous drugs obtained without a valid prescription. 

Factors that influence the charges and penalties include the type of drug, the amount of the drug in your possession, and the location where you were found possessing it. If convicted of drug possession, you can face extensive jail or prison time, heavy fines, license suspension, and a permanent criminal record.

Potential Defenses for Drug Possession Charges

How you approach the defense of a drug possession charge will vary depending what happened leading up to, during, and after your arrest. However, common defense strategies include:

• Arguing that the evidence against you was obtained through an unlawful search and seizure

• Questioning how the evidence was handled from the time it was collected until it was presented in court

• Challenging the prosecution’s claim that you knowingly and intentionally possessed the drugs

• Arguing that the prosecution did not present enough evidence to prove guilt beyond a reasonable doubt

This list is not exhaustive. Your attorney will intricately evaluate the details of your case to find the right defense approach for you.

What Is Possession With Intent To Distribute in Texas?

In Texas, intent to distribute carries a heavier penalty than a drug possession conviction. To convict you of intent to distribute, the prosecution must show that you intended to sell or distribute the drugs they found in your possession. Evidence they may present can include scales, weapons, large amounts of cash, and multiple cell phones. However, distribution can be harder to prove than possession.

Potential Defenses for Possession With Intent To Distribute

Your attorney may challenge the prosecution’s proof of intent, the critical element needed to convict you. They may also use the defense of unlawful search and seizure, showing that your Fourth Amendment rights were violated during the police investigation. If the prosecution uses witnesses or police testimony, your attorney may be able to point out inconsistencies or contradictions that will challenge witness credibility.

Contact an Allen, TX Drug Crimes Defense Attorney Today

Whether you are facing charges for drug possession or possession with the intent to distribute, you need to speak with the Collin County, TX drug crimes defense lawyers at Law Offices of Biederman & Burleson P.L.L.C. today. These cases can be complex and require a robust defense strategy to challenge the allegations. With our over 25 years of combined experience practicing criminal defense law, we will ensure you understand the charges against you and will fight to protect your right to a fair trial. The first step in building your defense is to call 469-333-3333 and schedule your free consultation today.