Common Drug Charges in the State of Texas

marijuana leaf and handcuffs

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Texas is hard on crimes – especially drug crimes. Better understanding the most common drug charges in the State of Texas can help you better understand what you are up against if a drug charge has been levied against you. (Do I Need an Attorney for My Drug Charge?)


A possession charge relates to simply possessing a controlled substance, which means either the care, custody, control, or management of the drug. As such, you do not have to actually have the drug in question on you to face a possession charge. Instead, the prosecution need only show that the drug is stored in a place that you manage or otherwise have control over. Further, even if the drug in question does not belong to you, you can be charged with possession if you shared in its use within a group. In other words, simply partaking can be enough to land you with a possession charge. In order to ultimately convict you for possession, however, the prosecution must prove that you knowingly or intentionally possessed the controlled drug in question. For example, if someone else stashed illegal drugs in your vehicle – unbeknownst to you – that may be a viable basis for your defense. 

Related: Marijuana Possession Laws: Changes Proposed

Distribution and Delivery

The charge of distribution is very similar to a charge of delivery. Specifically, however, distributing a controlled substance means delivering it to someone else (or for there to be evidence that this is the case). Delivery, on the other hand, means to physically transfer the illegal drug to someone else, which can include selling it. Delivery charges can become very complicated very quickly. Consider the following:

  • Even the offer of selling an illegal drug without ever handing the substance over can amount to a delivery charge. 

  • Actual delivery amounts to physically handing the drug over to someone else. 

  • Constructive delivery, on the other hand, is delivery absent a physical hand-off between the two parties. If you are accused of being in control of the illegal drug and of facilitating its delivery, you could face a constructive delivery charge. Manufacturing a drug and leaving the delivery to someone else can also earn you a constructive delivery charge. 

Read more: Marijuana: Drug Possession vs. Drug Distribution in Texas

Possession with Intent to Manufacture or Distribute 

One of the most common drug charges in Texas is possession with intent to manufacture or distribute, and manufacture here means to produce, process, prepare, convert, or compound a controlled substance (that is not marijuana). If the drug in question is marijuana, growing it does not reach the level of a manufacturing charge but leads, instead, to a possession charge. Creating synthetic marijuana, on the other hand, can earn you a manufacturing charge.  

Reach out to an Experienced Killeen Criminal Defense Lawyer Today 

Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is a focused criminal defense attorney who understands the gravity of the charge you face and is well prepared to fight for your rights – in pursuit of your case’s best possible resolution. To learn more, please do not wait to contact or call us at 254-501-4040 today.


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