How Can a Texas Drug Arrest Become a Federal Case?

 Posted on October 11, 2025 in Federal Crimes

Most drug arrests in Texas are handled by local or state prosecutors under the Texas Controlled Substances Act. These cases usually involve city or county police and are tried in state court. However, some arrests can quickly become much more serious. Under certain circumstances, a local case can turn into a federal case. When that happens, the process, penalties, and court system all change. A San Antonio, TX federal drug crimes defense lawyer can help you understand why this happens and build a strong defense strategy to fight the charges.

The Difference Between State and Federal Drug Crimes

State drug charges usually involve smaller amounts or local activity. For example, under Texas Health and Safety Code § 481.115, it is illegal to possess a controlled substance without a valid prescription. These cases are handled by local prosecutors and heard in state court.

Federal drug charges, however, fall under the Controlled Substances Act. The law, under 21 USC 841, makes it a crime to manufacture, distribute, or possess drugs with the intent to distribute them. Federal cases are handled by the U.S. Attorney’s Office and investigated by agencies like the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI).

The penalties for state and federal drug crime convictions vary, but federal convictions typically carry harsher penalties. Federal law often requires mandatory minimum sentences. This means the judge must sentence you to at least a certain number of years in prison, even if you have no prior record.

What Can Trigger a Federal Drug Case?

Not every Texas drug arrest becomes a federal case. However, certain factors can cause the federal government to get involved, including:

• Transporting drugs across state or national borders

• Operating or managing large-scale trafficking or distribution rings

• Using federal property, such as airports, highways, or the U.S. Postal Service, to move drugs

• Receiving funding or resources connected to interstate or international operations

• Conspiring with others across multiple states to manufacture or distribute drugs

Even if a local police officer made the initial arrest, federal prosecutors can take over the case. Once that happens, federal rules and judges are involved.

Possible Defenses for Federal Drug Crimes

If you are charged with a federal drug crime, we can build a defense based on the facts of your case. One possible defense is arguing that the police conducted an illegal search or seizure, violating your Fourth Amendment rights when collecting evidence. Another approach is showing that you did not know drugs were present or were unaware of a larger operation. Your attorney can also question the credibility of the evidence if it was mislabeled, mishandled, or tested incorrectly. In some cases, law enforcement may have pressured you into committing a crime. That would constitute entrapment and be a strong defense. An experienced attorney will examine every part of your case to find errors and protect your rights.

Contact a San Antonio, TX Drug Crimes Defense Attorney Today

The stakes are higher in a federal drug case. The first step in fighting the charges is to hire a criminal defense attorney with the right experience. Attorney Sam H. Lock has served the citizens of Texas for more than 25 years. He has been recognized four times by Texas Monthly as a "Rising Star" in the legal profession and three times by Scene in S.A. Monthly as one of San Antonio’s Best Lawyers.

Attorney Lock brings skill, dedication, and integrity to every case. He knows how federal investigations work and will fight to protect your rights through each step of the process. Contact Law Offices of Sam H. Lock today at 210-226-0965 to schedule a consultation with a San Antonio, TX federal drug crimes defense lawyer you can trust.