What Happens If You’re Caught With a Controlled Substance in Texas?

Possession of a Controlled Substance in Texas: What to Know

According to the Texas Department of Public Safety, there were more than 300 arrests for every 100,000 people for drug abuse in 2020. What happens if you’re caught with possession of a controlled substance in Texas? Texas enforces strict drug possession laws, often leading to severe penalties, even for first-time offenders.

Today we’re taking a closer look into the consequences of being found with controlled substances in Texas, covering possible charges, penalties, and key legal defenses to consider.

What Constitutes Possession of a Controlled Substance in Texas

Understanding what legally counts as “possession” is key to grasping Texas drug possession laws. Texas law recognizes two types of possession that can lead to charges for controlled substances:

• Actual possession
• Constructive possession
• Evidence of intent to possess or control the substance

Actual Possession

Actual possession happens when a controlled substance is physically found on someone, such as in a pocket or bag. Law enforcement typically considers this the strongest form of possession, as it shows a clear connection between the person and the substance. Being found with drugs on your person often leads to immediate charges.

Constructive Possession

Constructive possession occurs when the substance isn’t directly on a person but is nearby and within their control. It might apply if drugs are in a vehicle, residence, or shared space. This type of drug possession could happen if you’re a passenger in a car, for example.

For constructive possession, prosecutors must prove the individual had control over the area where the drugs were found and knew about the substance. In these cases, the connection to the drugs must be strong to establish intent. For example, if you’re a passenger in a vehicle where illegal drugs or controlled substance have been found, the vehicle itself is a relatively small space and reaching into a backseat or under a floor mat is possible for most average sized people. Defending against this type of drug possession charge can be tricky but an experienced drug possession lawyer will understand how to create a potential defense.

Evidence of Intent to Possess or Control

To pursue a charge, prosecutors need to show that there was an intention to possess or control the substance. It can involve physical evidence, like fingerprints or belongings mixed with the drugs, or even witness statements. The strength of this evidence often shapes the severity of the charge, especially when intent is harder to prove without physical possession.

Severity and Classification

In Texas, charges for possession of a controlled substance vary based on the type of drug, its quantity, and the circumstances of the case. Different levels of charges can apply, from minor misdemeanors to severe felonies.

There are three main factors that determine the severity of a possession charge in Texas:

• The type of controlled substance involved
• The amount of the substance in possession
• Aggravating factors that could increase the severity of charges

The Type of Controlled Substance Involved

Controlled substances are classified into different penalty groups in Texas, each carrying distinct levels of punishment. Drugs in Penalty Group 1, such as cocaine and methamphetamine, are viewed as highly dangerous and carry the harshest penalties.

Meanwhile, drugs in lower penalty groups, like certain prescription medications, may receive less severe consequences. Each group’s classification influences how a possession charge is handled and how prosecutors pursue the case.

The Amount of the Substance in Possession

The quantity of the substance found plays a significant role in determining the charge. Small amounts may lead to misdemeanor charges, but larger quantities can quickly escalate the situation to a felony.

For example, possession of under one gram of cocaine could result in a state jail felony, while possessing 400 grams or more might lead to a first-degree felony with lengthy prison time. The approach underscores how Texas law treats larger amounts as potential signs of intent to distribute, leading to stiffer penalties. Having an experienced drug possession lawyer that’s familiar with the intricacies of Texas drug law can make all the difference in your case.

Aggravating Factors

Certain factors can increase the severity of possession charges, regardless of the amount or type of drug. These “aggravating factors” may include possession near a school, having a weapon at the time of the arrest, or having previous drug convictions.

Each of these factors can raise the level of the charge and lead to stricter penalties. For instance, being found with a controlled substance within a designated drug-free zone, like near a school, could add years to a sentence and significantly impact the final outcome.

Legal Defenses for Controlled Substance Possession

Texas has some of the highest conviction rates in the nation when it comes to drug crimes. It’s not a place to go it alone. Hiring an experienced drug possession attorney is a good choice as soon as possible. Facing a charge for possession of a controlled substance in Texas can be intimidating, but several legal defenses with the help of a Texas criminal defense attorney may reduce or dismiss charges. Here are three common defenses used in these cases:

• Unlawful search and seizure
• Lack of knowledge of possession
• Valid prescription defense

Unlawful Search and Seizure

One of the most common defenses in drug possession cases is arguing unlawful search and seizure. The Fourth Amendment protects against unreasonable searches, and law enforcement must have probable cause or a warrant to conduct a legal search.

If the police violated these rights during the search, any evidence they found could be thrown out. The defense can lead to reduced or dismissed charges when the search process does not meet legal standards.

Lack of Knowledge of Possession

Another defense involves proving that the defendant did not know about the presence of the controlled substance. The argument works well in constructive possession cases where the drugs are found near the defendant but not on them.

For example, if drugs are found in a shared space, such as a car or house, the defense could argue that the defendant was unaware of the drugs. This defense requires strong evidence to show that the person had no knowledge or control over the substance.

Valid Prescription Defense

A valid prescription defense applies when the controlled substance is a prescription drug that is legal to use with a medical prescription. If the defendant possesses a valid prescription for the drug found, they can use this as a defense. Recently, Texas has modified it’s drug laws for medical marijuana with a doctors prescription. Medical marijuana laws in Texas have strict rules and guidelines. Learn more about Texas medical marijuana laws here.

This defense is specific to prescription medications like certain painkillers or anti-anxiety drugs. The defendant must prove they have a legitimate prescription and that the medication aligns with the amount found in their possession. It often works when the substance is legal but may appear suspicious if there’s no proof of a prescription.

Controlled Substance Charges Texas

Facing a charge for possession of a controlled substance in Texas carries serious consequences, from fines to lasting effects on one’s record.

Andrea M. Kolski is a seasoned criminal justice attorney and former prosecutor with over 20 years of experience. She has a proven record of dismissals and reduced charges for clients across Texas. With the Nonstopjustice team, we provide relentless, skilled defense for charges from DUI to assault.

Don’t let a Texas drug possession charge ruin your future! Get an experienced Texas drug attorney on your side- contact us today!