When it comes to drug possession, Texas has some of the harshest penalties in the United States. Thousands of Texans are arrested each year for possession of a controlled substance, and face consequences that can destroy both their personal and professional lives.
The serious impact of a drug possession conviction makes it critical that you hire an experienced criminal defense attorney. A lawyer who understands Texas law, including the potential legal defenses to drug possession charges, can help protect your freedom and your ability to support yourself in the future.
Controlled Substances in Texas
The Texas Controlled Substances Act classifies drugs into four separate penalty groups, with two sub-penalty groups (including one group specifically for marijuana possession).
- Group 1 includes the drugs that are considered the most dangerous or addictive, such as methamphetamine, heroin, and cocaine.
- Groups 1-A, 2, 3 and 4 list drugs that are less dangerous, and have a lower potential for abuse and addiction. This includes marijuana, certain prescription drugs, and substances like MDMA (“Molly”) and Ecstasy.
For the state to prove that you possessed drugs, they must show that you had care, custody control or management of the controlled substance. It is not enough that you were with somebody who had or used drugs, or that someone reported that they once saw you do drugs. The prosecution must show that you actually had care, custody, control or management of the substance in question.