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Caught in the Web: What Counts as Drug Conspiracy in Texas?

 Posted on August 06, 2025 in Drug Crimes

TX defense lawyerRecently, a Texas Department of Criminal Justice (TDCJ) inmate was arrested and charged with federal violations regarding drug conspiracy. The man allegedly used drones to smuggle drugs and contraband into a TDCJ facility. The man is being accused of conspiracy to possess with intent to distribute methamphetamine and synthetic marijuana. If convicted, the 35-year-old man faces up to life in federal prison.

In the state of Texas, you do not have to be caught with drugs in your possession to face serious drug charges. The state has broad drug conspiracy laws that make simply agreeing to participate in a drug-related crime (even if you never touch the drugs) can lead to the same penalties as the person who does. Drug conspiracy charges are a legal "trap" that can pull in anyone from casual acquaintances to unwitting bystanders.

What drug conspiracy charges may come down to is how the law defines "agreement." If you find yourself entangled in a complex drug conspiracy case, you must speak to a knowledgeable Houston, TX criminal defense attorney. These are very serious charges with severe penalties, and hoping the charges will go away is never a good strategy for protecting your future.

Are Drug Conspiracy Charges State or Federal?

Drug conspiracy can be charged under state or federal laws. Under federal law, 21 U.S. Code § 846, it is a crime to conspire to violate any "substantive offense." Texas Penal Code 15.02 describes drug conspiracy as an agreement with one or more people that they or one or more of them engage in conduct that would constitute the offense and that one or more of them performs an overt act in pursuance of that agreement. Federal drug conspiracy laws exist alongside Texas laws and can lead to more severe penalties, including mandatory minimum sentences.

How Conspiracy Charges Differ from Drug Possession or Trafficking

Possession of a drug is knowingly or intentionally having care, custody, or control of an illegal substance. Possession charges are usually the least serious drug charges. Drug trafficking includes selling, delivering, or possessing illicit drugs with the intent to distribute them. The penalties for trafficking are more severe than those for possession.

Drug conspiracy involves an agreement between two or more people to commit a drug-related crime. That crime could encompass the distribution, possession, or manufacturing of a drug. Possession focuses on having the drug, trafficking focuses on dealing the drug, and conspiracy focuses on the agreement and planning of a drug crime. In drug conspiracy cases, a defendant can be held accountable for the actions of others involved in the agreement – even when his or her own role was limited.

The Importance of the Terms "Agreement" and "Overt Act"

An agreement exists when two or more individuals agree to engage in conduct that would constitute a drug-related offense. The agreement does not need to be formal, written, or even explicitly stated; rather, it can be implied from actions and words. The agreement forms the basis of the conspiracy charge even when the underlying drug crime is not completed, although, in Texas, at least one overt act in the furtherance of the agreement is required. An overt act moves beyond intent and could include purchasing materials for drug manufacturing, arranging a meeting to discuss the plan, texting or talking about the agreement, or financing the arrangement.  

What Are the Penalties for Drug Conspiracy in Texas?

Conspiracy charges can include dealers, suppliers, drivers, lookouts, facilitators, and even those only loosely involved if intent can be shown.  Drug conspiracy charges are always felony charges, with severe penalties. If convicted of drug conspiracy, the defendant can face the same penalties as the party that committed the crime, in addition to penalties for the drug conspiracy charge, including mandatory prison sentences and significant fines.

Contact a Houston, TX Defense Attorney

If you are facing drug conspiracy charges, you need a highly skilled Houston drug crimes lawyer from Murphy & McKinney Law Firm, P.C.. Attorney Murphy serves as President of the Harris County Criminal Lawyers and has a stellar reputation as a criminal defense lawyer. Call 713-229-8333 to schedule your initial attorney meeting.  

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