Texas Law & Possession of a Controlled Substance

Controlled substances in Texas include marijuana, meth, heroin, and cocaine, along with compounds used in making synthetic steroids, stimulants, depressants, and narcotics. When these substances are abused, they lead to psychological and physical dependence. A smart drug crimes lawyer will be able to articulate this fact in court which could lead to rehab as opposed to jail. However, let’s not digress.

Possession of a controlled substance in Texas is a serious offense. Punishments for people caught with such drugs are likely to face jail time, a steep fine, or a suspension lasting up to six months. Laws regarding drugs are strictly according to the Texas Penal Code that was enacted back in 1973. Being convicted of drug possession affects your employment opportunities, education chances, and where you can live in Texas.

The charges vary depending on various things, such as the type of substance and whether you intended to use or sell it. The least severe is class C, and the most severe is the first-degree felony.

When is it illegal possession of drugs?

It is declared illegal possession of drugs or controlled substances when someone owns or is in possession of controlled or drugs without permission or any legal justification. The charges apply if a person is caught with cocaine, marihuana, meth, and other narcotics. However, for someone to be convicted, the prosecutor must prove that the person possessed the drugs knowingly.

Carrying controlled substances Knowingly

A person who carries any controlled substance intentionally and knowingly will be arrested for a drug possession crime. In such a case, the prosecutor is not mandated to prove that the person knew it was illegal to be in possession of the drugs. All that is needed is to prove that the person was aware of the drugs and planned to use or control their use.

Possession of Controlled Substances

Possession of controlled substances is when a person is in full control over illegal drugs. A person may be held if they have the substance in their pocket or any other way that proves they in actual possession of the drug. Whether in a car or hidden in the house, the person who owns the property will be arraigned in court for drug possession. A good example is where two people live together, and cocaine is found in their house. The two will be convicted of drug possession. The prosecutor must prove that the two had control over the substance or give incriminating statements regarding them.

What Is The Difference Between Possession And Sale Or Distribution?

Possession of controlled substances is simpler compared to charges of sale or distribution of drugs. The amount of drugs says a lot about the intention of the accused. For example, it means the person had more plans than using the drug when it’s much. Other things that may prove that someone intended to distribute or sell the substance include large amounts of money, customer lists, and packaging materials.

Penalties for Drug Possession in Texas

When someone is arrested for controlled substance possession, they are likely to face one of the many penalties according to Texas laws. A number of factors determine the penalty’s severity. They include criminal history and the circumstances. Here are possible penalties in Texas.


Most people who are found in possession of controlled substances are fined. The fines may be less than $100 but also more than $100,000.

  • Incarceration

Prison or jail time depends on drug type, and the crime charged. It can be a few days or as long as 10 years behind bars.

  • Probation

This type of punishment is given along with others such as fines, jail time, and rehabilitation. The accused is mostly the consumer of the drugs and must not use the drugs again. Failure to meet the court of law requirements can lead to revoking the probation and the accused sent to prison or jail.

  • Diversion

Diversion is where the accused is allowed to go for behavior modification or counseling programs. It is common for people taken to court as first-time offenders. It may take six months or more, but if the accused person doesn’t comply, the prosecutor may pursue the for them drug passion.

Knowing about controlled substance laws in Texas helps you understand what you will face if you are arrested. The charges are not easy, so you should consider getting yourself a lawyer who is familiar with the laws.

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