Attorney
If you’re facing a drug-related charge in Texas, one of the most important distinctions to understand is the difference between drug trafficking and drug distribution. While trafficking is not a separate charge under Texas law, it is a commonly used term for large-scale drug offenses charged under delivery or possession with intent statutes. Knowing how these crimes are defined, what penalties apply, and how to defend against them can make a significant difference in the outcome of your case.
At Daniel Collins Law, we help clients throughout Fort Worth and Tarrant County navigate complex drug cases with clarity, strategy, and experienced representation. Below, we break down the key differences between trafficking and distribution, so you can better understand the charges you may be facing.
What Is Drug Distribution in Texas?
Under the Texas Health & Safety Code § 481, drug distribution typically involves delivering or transferring controlled substances to another person. This can include selling drugs, giving them away, or arranging a handoff—even without any money involved.
Distribution charges are often brought when someone is caught with:
- Smaller to moderate amounts of drugs
- Items associated with drug sales (such as small baggies, digital scales, or cash)
- Text messages or communications suggesting a planned transaction
You can also be charged with possession with intent to deliver if you are found with a quantity of drugs and other evidence suggesting that you intended to sell them.
What Is Drug Trafficking in Texas?
Drug trafficking involves the larger-scale transportation, sale, or smuggling of controlled substances. These cases often include the movement of drugs across county, state, or national borders and may involve coordination between multiple individuals or organizations.
You may be charged with trafficking if:
- You are found with a large quantity of drugs
- There is evidence of transportation or shipping
- Law enforcement believes you are part of an organized operation
- Federal authorities are involved in the investigation
Drug trafficking charges are frequently more serious than distribution and can trigger mandatory minimum sentences under state or federal law.
Key Differences Between the Two
While both offenses involve the transfer of drugs, the main differences come down to scale, intent, and penalties:
- Drug distribution often involves smaller amounts of drugs and is typically prosecuted at the state level.
- Drug trafficking generally involves larger quantities and the movement of drugs over distances, potentially bringing federal charges.
- The evidence required to prove trafficking is often more extensive and may include surveillance, intercepted communications, or coordinated law enforcement investigations.
- Penalties for trafficking are generally more severe and may include significantly longer prison sentences and higher fines.
Penalties Under Texas Law
Both trafficking and distribution can result in felony convictions, but trafficking typically carries harsher consequences.
For drug distribution (example for Penalty Group 1 substances such as cocaine, heroin, or meth):
- Under one gram: State jail felony (six months–two years)
- One to four grams: Third-degree felony (two–10 years)
- Four to 200 grams: Second-degree felony (two–20 years)
- 200 grams or more: First-degree felony (up to life in prison)
A conviction can lead to additional consequences such as loss of employment, loss of professional licenses, driver’s license suspension, and immigration issues.
Possible Defenses to Drug Charges in Texas
If you’ve been charged with drug distribution or trafficking, your defense will depend heavily on the facts of your case. At Daniel Collins Law, we examine every angle, including:
- Illegal search and seizure: If law enforcement violated your Fourth Amendment rights, any evidence obtained may be inadmissible in court.
- Lack of intent: The prosecution must prove that you intended to deliver or traffic the drugs.
- No knowledge of the drugs: You may not have known that drugs were in your vehicle or belongings.
- Chain of custody issues: We challenge how the evidence was handled, especially in cases where drugs changed hands multiple times.
Our goal is always to protect your rights and seek the best possible outcome, whether that means getting the charges reduced, dismissed, or successfully defending you at trial.
Get Legal Help From a Trusted Texas Drug Crimes Attorney
The line between drug distribution and drug trafficking may seem blurry, but the consequences of either charge can be devastating. If you’ve been arrested or are under investigation for a drug offense, you need a criminal defense attorney who understands Texas law and how to build a strong case on your behalf.
With over 15 years of experience, Daniel Collins Law is here to help you fight back. We represent clients throughout Fort Worth and Tarrant County with dedication, strategy, and one-on-one support. Contact us today to schedule a confidential consultation and take the first step toward protecting your future.