Drug charges are always serious, but when the words “with intent to deliver” are added, the stakes go up dramatically. If you or someone you love has been arrested for drug possession in Texas, it’s critical to understand what those charges actually mean—and how they’re different from simple possession. This blog will break down the key legal distinctions, what the prosecution has to prove, and how an experienced defense attorney can help you fight back.

What Is “Possession with Intent to Deliver” in Texas?

In Texas, drug possession becomes a more severe crime when the state believes you weren’t just holding drugs for personal use—you intended to sell, distribute, or deliver them to someone else. This is legally referred to as “possession with intent to deliver” and is treated as a felony, even if the amount involved isn’t large.

The “intent” part is key. Prosecutors don’t need to catch you in the act of selling drugs to pursue this charge. They can build a case based on circumstantial evidence—such as how the drugs were packaged, whether you had scales or baggies, how much you had, and even what kind of cash or communications were found during your arrest. This means that even if you never sold anything, you could still face years in prison based solely on how the situation looks to law enforcement.

How Prosecutors Prove Intent to Distribute

Unlike simple possession, which typically requires only the discovery of an illegal substance, “possession with intent” involves proving a state of mind—something that’s not always obvious. Prosecutors rely heavily on indirect indicators that suggest a plan to distribute drugs.

For example, if police find multiple small baggies of marijuana or pills along with a scale, they might argue that the items show you were preparing doses to sell. A large sum of cash, especially if it's in small denominations, can also be used as evidence of sales activity. Text messages about pricing, transactions, or meeting up can be interpreted as drug deals. Even the location where you were arrested—such as near a school or known drug trafficking area—can add weight to the state’s argument.

Because the evidence is interpretive, these cases often come down to how well your defense attorney can challenge the assumptions being made. An experienced lawyer will scrutinize the search and seizure process, question the reliability of the evidence, and present an alternative narrative that undercuts the state’s version of events.

What Are the Penalties for Possession with Intent?

The penalties for possession with intent vary depending on the type and quantity of drug involved, but they’re always steep. For instance, possession with intent to deliver less than one gram of a Penalty Group 1 substance (such as cocaine or methamphetamine) is a state jail felony, punishable by 6 months to 2 years in a state jail facility. Larger amounts quickly move into the territory of second-degree or first-degree felonies, carrying prison sentences of up to 20 years or more.

If you’re caught within 1,000 feet of a school, youth center, or other designated drug-free zone, the penalties increase. And if weapons or other aggravating factors are present, the case becomes even more serious.

Beyond jail time and fines, a conviction can have lasting consequences on your life—affecting your job, housing, custody rights, and future opportunities. That’s why building a strong legal defense is essential, even if the evidence seems stacked against you.

Legal Defenses to Possession with Intent Charges

Just because you’ve been charged with possession with intent doesn’t mean you’re guilty—or that conviction is a foregone conclusion. Many of these cases rest on circumstantial evidence, which can be misinterpreted, mishandled, or outright wrong. A defense attorney can challenge the prosecution’s case on multiple fronts.

One key defense is arguing that the search and seizure were illegal. If law enforcement violated your Fourth Amendment rights, any evidence they obtained may be thrown out. Another defense is lack of actual control over the drugs. For instance, if the drugs were found in a shared vehicle or home, the state must prove they were yours and that you had both knowledge and control of them.

In some cases, the evidence may point more to personal use than distribution. If there’s no clear proof of selling activity—like text messages, packaging materials, or scales—your attorney may be able to negotiate the charge down to simple possession, which carries significantly lighter penalties. And if you struggle with addiction, your attorney may also help you pursue treatment options or alternative sentencing instead of jail time.

FAQs on Possession with Intent in Texas

What’s the difference between possession and possession with intent?
Simple possession refers to having a controlled substance for your own use. Possession with intent means the state believes you planned to sell, deliver, or otherwise distribute the drugs. This distinction matters because it significantly increases the severity of the charge. What would be a misdemeanor or low-level felony for simple possession can become a second- or first-degree felony if intent to deliver is proven. The amount of the drug, how it’s packaged, and other circumstantial evidence all play a role in how prosecutors build this charge—and why you need a solid defense to push back.

Can you be charged with intent if you weren’t caught selling anything?
Yes. Texas law allows prosecutors to charge you with intent to deliver even if you weren’t actually caught in the act of selling drugs. All they need is what they believe is enough circumstantial evidence to suggest you intended to do so. This might include the presence of scales, small baggies, large amounts of cash, or text messages referencing drug deals. These cases are built on inference, not direct observation—so challenging how that inference was made is a vital part of the defense strategy.

What if the drugs weren’t mine?
It’s possible to be charged with possession even if the drugs weren’t yours—especially if they were found in a location you had access to, like a shared car or apartment. In these cases, the state has to prove that you had both knowledge of the drugs and control over them. That can be difficult to establish beyond a reasonable doubt. Your attorney can use evidence, witness testimony, and legal arguments to show that you didn’t knowingly possess or control the substance, which could lead to a reduced charge—or even a full dismissal.

Can I get probation or treatment instead of jail time?
In some cases, yes—especially for first-time offenders or when the charge is reduced to simple possession. Texas courts sometimes offer alternatives to incarceration, including probation, drug court programs, or mandatory treatment. However, possession with intent charges are more serious, and eligibility for these programs may be limited. That’s why early legal intervention is crucial. A lawyer can negotiate with prosecutors, present mitigating factors, and argue for options that focus on rehabilitation over punishment when appropriate.

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Facing a drug charge with an “intent to deliver” enhancement is intimidating—but you don’t have to face it alone. At Farrell Law Office, we help clients understand their options, protect their rights, and move forward with strength. Every case is different. We’ll treat yours with the focus, clarity, and personal attention it deserves.

Call 509-402-3096 or send us a message to schedule your free consultation with Tom Farrell today.