Possession With Intent to Deliver in Texas | Houston PWITD Attorney

Possession with intent to deliver (PWITD) takes a drug case and charges it at trafficking levels — based not on an actual sale, but on the State's claim that you intended to distribute the drugs. Because that intent is almost always proven with circumstantial evidence, PWITD cases are among the most over-charged drug cases in Texas, and among the most defensible when you have the right lawyer.

As former prosecutors, Brian Foley and Luis Baez know exactly how the State turns a possession case into a distribution case — and how to take it back apart.

What the Law Covers

PWITD is charged under the same statutes as manufacture and delivery — for Penalty Group 1, Texas Health and Safety Code § 481.112, with parallel provisions for the other groups and marijuana. To convict, the State must prove you knowingly possessed the substance and intended to deliver it.

The second element is the battleground. There is rarely direct evidence of a plan to sell, so prosecutors rely on "indicators of intent": the amount of the drug, division into multiple baggies, digital scales, large amounts of cash, multiple cell phones, and messages. None of those is conclusive — people possess quantities for personal use, carry cash for many reasons, and use scales for personal measuring — and a skilled defense dismantles the inference.

Penalty Range (Penalty Group 1)

Amount (aggregate weight)	Offense Level	Punishment
Less than 1 gram	State Jail Felony	180 days – 2 years state jail; up to $10,000 fine
1 to less than 4 grams	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
4 to less than 200 grams	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
200 to less than 400 grams	Enhanced First-Degree Felony	10 – 99 years or life; up to $100,000 fine
400 grams or more	Enhanced First-Degree Felony	15 – 99 years or life; up to $250,000 fine

Penalty Groups 1-A, 2, 2-A, 3, 4, and marijuana carry their own delivery tiers. We will explain exactly how the range applies to your substance and weight.

How These Cases Are Defended

Attacking the intent inference. This is the core of a PWITD defense. We show that the quantity, packaging, cash, or scales are just as consistent with personal use — and work to reduce the charge to simple possession.
Illegal search and seizure. PWITD cases frequently involve warrants, informants, and vehicle or home searches. Defective warrants and unlawful searches lead to suppression.
Confidential informants and controlled buys. We test the reliability and motives of informants and the integrity of any controlled purchase.
Knowing possession and affirmative links. In shared vehicles and homes, the State must tie the drugs specifically to you.
Weight, lab analysis, and chain of custody. The aggregate weight sets the felony level; we scrutinize the measurement, testing, and custody of the evidence.

Collateral Consequences

A PWITD conviction is a serious felony carrying prison exposure, loss of firearm and voting rights, professional-license consequences, immigration consequences, and a permanent record. The gap between a PWITD conviction and a reduced possession case can be the difference between prison and probation — which is exactly why the intent element must be fought hard.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who know how "intent to deliver" is built and how to take it apart. If you or a loved one has been charged with possession with intent to deliver in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is possession with intent to deliver in Texas?

Possession with intent to deliver (PWITD) means possessing a controlled substance while intending to transfer or sell it, rather than for personal use. It is charged under the same statutes as manufacture and delivery — for Penalty Group 1, Texas Health and Safety Code § 481.112 — and carries the same heavy penalties, up to life in prison for large quantities.

How does the State prove 'intent to deliver'?

Almost always through circumstantial evidence, because there is rarely direct proof of a plan to sell. Prosecutors point to the quantity of drugs, packaging into multiple baggies, digital scales, large amounts of cash, multiple phones, and text messages. Every one of those 'indicators' has innocent explanations, and each can be challenged.

What is the punishment for possession with intent to deliver?

The same ranges as delivery. For Penalty Group 1 by aggregate weight: under 1 gram is a state jail felony; 1 to under 4 grams is a second-degree felony; 4 to under 200 grams is a first-degree felony; 200 to under 400 grams carries 10 to 99 years or life; and 400 grams or more carries 15 to 99 years or life with a fine up to $250,000. Other penalty groups and marijuana have their own tiers.

Can possession with intent to deliver be reduced to simple possession?

Yes — that is often the central goal. When the State's proof of intent is weak and rests only on quantity or packaging, we work to defeat the intent element and reduce the case to simple possession, which carries far lower penalties, or to have it dismissed entirely.

Is possession with intent to deliver a felony?

Yes, always. Even the lowest tier is a state jail felony, and larger amounts are first-degree felonies. Because the penalties are so severe compared to simple possession, defeating the 'intent to deliver' allegation is one of the most valuable things a defense attorney can do in these cases.