Possession of Drugs: An Overview of Laws and Consequences in Texas

Drug possession charges are incredibly common across the United States, with over 1.5 million drug arrests made every year. Here in Texas, possession of any controlled substance – even small amounts – can lead to aggressive criminal charges that carry steep penalties.

It’s critical to understand Texas’ drug laws and potential consequences if you or a loved one is facing drug possession charges. This article provides an overview of key things to know:

Texas’ Drug Possession Laws

Texas categorizes controlled substances into Penalty Groups 1 through 4, with associated possession charges and penalties based on the substance and amount:

• Penalty Group 1: Substances like cocaine, heroin, methamphetamine. Even less than 1 gram is charged as a felony with up to 2 years in state jail. Larger amounts lead to lengthier prison terms.
• Penalty Group 2: Substances like MDMA and PCP. 1-4 grams brings 3rd degree felony charges with 2-10 years in prison. Larger amounts increase penalties.
• Penalty Group 3: Benzodiazepines, Xanax, opioids not in Group 1. Less than 28 grams brings misdemeanor charges up to 1 year in jail. Larger amounts can be felonies.
• Penalty Group 4: Prescription medications, chemical compounds with abuse potential. Penalties similar to Group 3.

In addition to amount and substance, location also plays a key role. Charges are enhanced if possession occurs in a drug-free zone like a school, increasing potential penalties.

Beyond Jail Time: Additional Consequences

A drug conviction – even for possession of small amounts – can completely derail a person’s education and career. Some key consequences beyond jail time:

• College: A drug conviction at age 18+ makes applicants ineligible for federal student aid, and 66% of colleges collect criminal records.
• Employment: Many employers conduct background checks and will not hire those with drug convictions. Certain careers may be off-limits, like nursing.
• Public housing: Those with felony drug convictions face barriers to public housing and housing assistance.
• Child custody: Drug charges can be used against parents in child custody disputes.
• Driving privileges: Drug offenses trigger driver’s license suspension in Texas.

With so much on the line, putting up a strong defense against possession charges is critical. An experienced criminal defense lawyer can thoroughly examine the case and identify potential defenses.

Fighting Constructive Possession Charges

Many drug possession charges actually involve “constructive possession” – when drugs are found in an area where multiple people have access, rather than directly on a person. To prove constructive possession, the state must establish:

• Knowledge – The defendant knew about the drugs.
• Control – The defendant could exercise control over the drugs.

If multiple people could access the drugs, the state faces a greater burden in proving knowledge and control. Potential defenses against constructive possession include:

• Lack of knowledge – Argue the defendant had no knowledge of the drugs. For example, they borrowed a friend’s car with drugs hidden inside.
• Illegal search – Challenge whether law enforcement had valid legal grounds to conduct the search that discovered the drugs.
• Insufficient evidence – Argue the state lacks firm evidence to prove control over the drugs beyond reasonable doubt.

An attorney can also scrutinize police procedures leading up to the arrest, looking for any missteps that could justify evidence suppression.