Federal drug charges we defend in Houston

Federal drug law reaches manufacturing, distribution, importation, and the agreements behind them. Most Houston federal drug cases are charged under a handful of statutes.

Federal controlled substances are divided into five schedules based on factors including accepted medical use and potential for abuse. The DEA’s drug scheduling guide explains how those classifications work and which substances fall within each schedule.

• Manufacture and distribution — 21 U.S.C. § 841: The core federal drug statute. It covers making, distributing, or possessing a controlled substance with intent to distribute. Quantity drives the sentence.
• Drug conspiracy — 21 U.S.C. § 846: An agreement between two or more people to commit a drug offense. You can be charged even if you never touched the drugs.
• Importation — 21 U.S.C. §§ 952 and 960: Bringing a controlled substance into the United States. Common in a border district like the Southern District of Texas.
• Continuing criminal enterprise — 21 U.S.C. § 848: The “kingpin” statute, aimed at people accused of leading a larger drug operation. It carries some of the harshest penalties in federal law.

Charges are often stacked — a distribution count, a conspiracy count, and sometimes a firearm count under 18 U.S.C. § 924(c) on top. If a gun is part of your case, see our Houston federal gun and weapons defense page.

Not sure which statute you are facing? Reach out to our team and we will help you read your paperwork.

Why federal drug charges are so serious

The biggest reason is the mandatory minimum. Under § 841, the weight of the drug can lock in a floor of 5 or 10 years in federal prison — before a judge considers anything else about you.

That floor is set by quantity, not by your role. A courier and an organizer can face the same starting number if the quantity is the same.

On top of the mandatory minimum sit the U.S. Sentencing Guidelines for federal drug offenses, which are advisory but still shape the outcome. Prior convictions, a firearm, or an alleged leadership role can push the exposure higher.

The consequences reach past prison. A federal drug conviction can bring:

• Forfeiture: The government can move to seize cash, vehicles, and property it links to the alleged offense.
• Immigration consequences: A drug conviction can lead to removal for non-citizens. If immigration status is a concern, our Houston federal immigration defense team can help.
• Loss of rights and licensing: Convictions can affect firearm rights, professional licenses, and future employment.

At sentencing, you don’t just plead — you litigate the math. In a federal drug case that math starts with quantity — and quantity can be fought.

How we defend federal drug cases

There is no single defense to a federal drug charge. We build the strategy around the facts — how the investigation was run, what the government can actually prove, and where the sentencing exposure can be reduced.

• Early, pre-indictment intervention: If agents are still investigating, getting involved now can shape the case before charges are filed. Once the government gets there first, you’re reacting instead of deciding.
• Challenging the search and the stop: Traffic stops, warrants, and wiretaps all have legal limits. When agents cross them, we file suppression motions to keep that evidence out.
• Fighting the drug quantity: Drug weight is the engine of a federal drug sentence, and the government’s number is not the last word. We scrutinize how the drugs were weighed and how much is attributed to you as “relevant conduct” — including amounts you never personally touched. Pulling that figure down can change the entire sentencing range.
• Attacking conspiracy liability: In a § 846 case, the government must prove you knowingly joined an agreement. We push back on guilt-by-association and on what was reasonably foreseeable to you.
• The safety valve — 18 U.S.C. § 3553(f): This provision can let a judge sentence below the mandatory minimum for certain lower-level, nonviolent defendants who qualify. We work to position eligible clients to use it.
• Sentencing mitigation: Acceptance of responsibility, role reductions, and — when it is genuinely in your interest — cooperation can all lower the final number.

We handle the trial and the sentencing as two connected fights. For more on how the math works, read how federal sentences are calculated.

Every case is different, and no strategy fits all of them. Talk to a federal defense lawyer about what applies to yours.

If you think you are under federal drug investigation

Federal drug cases are often well underway before you feel them. What you do in the first days can protect your options — or shrink them.

Two early mistakes cost people the most.

• Deleting or “cleaning up” anything. Deleting emails or documents doesn’t fix the problem — it creates a new one. Destroying records can add an obstruction charge that is often easier to prove than the drug case itself.
• Putting your head in the sand. Ignoring it while the government keeps building only shrinks your options before you ever react.

If you fear a federal drug investigation, a few steps protect you:

• Hire an experienced federal defense lawyer now — ideally before a subpoena or agents arrive, not a general practitioner.
• Preserve everything. Never delete or alter records; evidence produced strategically through counsel can create leverage.
• Keep government contact controlled. Let your lawyer make first contact, and never rely on an agent’s informal assurances.

Talk to our team before you make a move you cannot undo.

Why choose Keith & Lorfing

Federal drug cases reward experience on both sides of the courtroom. Our team has it.

• A former federal prosecutor leads the team. Managing Partner Russell Lorfing is a former Assistant U.S. Attorney who prosecuted federal cases and has trained DEA, FBI, and IRS agents on evidence. He is admitted in the Southern District of Texas and was selected in 2024 as Co-Chair of the Federal Criminal Defense Committee for the Texas Criminal Defense Lawyers Association.
• A retired federal judge of counsel. Hon. E. Scott Frost (Ret.) brings more than 30 years of federal courtroom experience to our defense team.
• A seasoned trial partner. Founding Partner Trey Keith has spent 20-plus years defending the accused, with many “Not Guilty” verdicts.
• Team backgrounds you want on your side. Our people include former federal prosecutors and defenders, former FBI agents, and IRS criminal investigators.

We represent clients in federal courts across the country, and we regularly appear in the Houston and Laredo divisions of the Southern District of Texas. Our team is drawn from the highest levels of the federal system — former federal prosecutors and defenders, former FBI agents, former IRS criminal investigators, and a retired federal judge. Past results do not guarantee any particular outcome in your case.

Contact our firm to speak with our federal defense team.

What to expect in a Southern District of Texas drug case

Houston federal drug cases are handled in the U.S. District Court for the Southern District of Texas, Houston Division, at the Bob Casey U.S. Courthouse on Rusk Street. Here is the general path.

• Investigation: The DEA or HSI builds the case — often with informants, surveillance, or wiretaps — sometimes long before charges. If agents contact you, read what to do when federal agents want to talk first.
• Charges and initial appearance: You are formally charged by complaint or indictment, then appear before a magistrate judge who decides detention or release.
• Discovery and motions: We review the government’s evidence and file motions — including motions to suppress — to narrow or weaken the case.
• Resolution: The case ends in a negotiated plea or a trial. If there is a conviction, sentencing is its own contested proceeding.

These cases don’t move fast on the surface, but underneath they’re moving the entire time — by the time it feels real, it’s usually much further along than you think. For a closer look at the last step, see what to expect at a federal sentencing hearing.

Talk to a Houston federal drug defense lawyer

A federal drug charge does not have to define what happens next. The sooner you have experienced counsel, the more room there may be to challenge the evidence, fight the quantity, and protect your future — depending on the facts of your case.

Keith & Lorfing defends federal drug cases in Houston and in federal courts across the country, led by a former federal prosecutor who knows how these cases are built. Learn more about our federal drug crime defense work, or start with our Houston federal criminal defense overview.

Schedule a confidential consultation with our team today.

Frequently asked questions

Is my drug charge federal or state?
It depends on who investigated and charged it. Cases involving the DEA or HSI, importation across the border, larger quantities, or multi-defendant conspiracies are often federal. Federal charges carry different — and usually harsher — sentencing rules than Texas state cases.

What are the mandatory minimums for federal drug charges?
Under 21 U.S.C. § 841, drug quantity can trigger a mandatory minimum of 5 or 10 years in federal prison. A judge generally cannot sentence below that floor unless a specific legal exception, like the safety valve or substantial assistance, applies.

Can I avoid the mandatory minimum?
Sometimes. The safety valve under 18 U.S.C. § 3553(f) can let a judge go below the mandatory minimum for certain nonviolent, lower-level defendants who meet its requirements. Whether you qualify depends on the facts of your case, so this is worth reviewing early.

What is a drug conspiracy charge?
A conspiracy under 21 U.S.C. § 846 is an agreement to commit a drug offense. You can be charged even if you were not caught with drugs — the government focuses on the agreement and what was reasonably foreseeable to you.

The DEA wants to talk to me. What should I do?
Talk to a lawyer before you talk to any agent. Anything you say can be used to build the case, and once the government moves first, you end up reacting instead of deciding. Getting counsel involved early can change the outcome.

Where will my federal drug case be heard in Houston?
In the U.S. District Court for the Southern District of Texas, Houston Division, at the Bob Casey U.S. Courthouse, 515 Rusk Street.

Can the drug quantity be challenged?
Yes. Because quantity drives the mandatory minimum and the Guidelines range, how the government measured and attributed the drugs is often a central fight — especially the “relevant conduct” it tries to pin on you, including drugs you never personally handled. Reducing the attributed amount can lower your exposure significantly.

Should I cooperate with the government? Maybe — but only after careful advice. Cooperation can reduce a sentence, but it carries real risks and consequences. That decision should never be made without a lawyer who has weighed it against every other option in your case.