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    Unintentionally Distributing Drugs

    On behalf of Granger and Mueller PC posted in Criminal Law on Monday, September 22, 2025.

    Unintentionally Distributing Drugs

    In Travis County and throughout Texas, you generally cannot be charged with a crime for unintentionally distributing drugs.

    Generally speaking, you cannot be charged with drug distribution in Texas if you did so unintentionally. The prosecution has many elements to prove when trying to secure a conviction, and intent is one of them. This means the prosecution must prove beyond a reasonable doubt that you knowingly distributed drugs.

    Still, innocent people are charged far too often, and prosecutors often become overzealous in these cases. One of our Travis County criminal defense lawyers explains more below.

    Intent is an Important Component in Distribution Cases

    Under the Texas Controlled Substances Act, a person must have knowledge of the illegal substance and the intent to distribute it. For example, you may be a passenger in a vehicle. The driver may have drugs in the trunk, but you were unaware of them, so you could not be charged with constructive possession.

    How Can Unintentional Distribution Result in Charges?

    Although the prosecution must prove that you intended to distribute drugs, you could still be arrested and charged with a crime even if the act was unintentional. Below are a few ways unintentional distribution can lead to charges:

    • Unknowing courier: If you deliver a package not knowing it contained a controlled substance, you could be charged. The prosecution would likely try to prove that you knew or should have known what was in the package.
    • Prescription drugs: Sharing medicine can seem like a good deed when you are simply trying to help a friend feel better. Even if no money was exchanged, this act may still result in charges because you intentionally gave your friend the drugs.
    • Circumstantial evidence: Prosecutors can use circumstantial evidence to prove intent. For example, if you were in possession of large quantities of packaging materials, scales, or drugs, the prosecution will argue that you had the intent to distribute the drug, even if that is not the case.

    Possible Defenses

    If you have been charged with drug distribution, even if you did not have the intent, there are defenses available. These include:

    • Lack of knowledge: If you were not aware that you were in possession of a controlled substance, you cannot be charged with an offense for distributing it.
    • Lack of intent: Even if you were found in possession of drugs, your lawyer may argue that they were for personal use and you had no intent to distribute them.
    • Mistake of fact: You can use this defense if you reasonably mistook the drug for something that was lawful to have in your possession.
    • Unlawful search and seizure: If law enforcement found the drugs through an illegal search and seizure, the evidence they found cannot be used in your case, under the Fourth Amendment.

    Our Criminal Defense Lawyers in Travis County Can Help with Your Charges

    If you have been charged with distributing drugs or any other offense, our Travis County criminal defense lawyers at Granger and Mueller, PC, can help. We can build the strong defense you need to beat the charges and retain your freedom. Call us now at (512) 474-9999 or contact us online to schedule a consultation and to get the legal defense you need.