If you are found to be in possession of an illicit or a controlled drug, you may be charged with drug possession under the Texas Controlled Substances Act.
In order to secure a conviction, a prosecutor must prove beyond reasonable doubt that the defendant knowingly and intentionally possessed or was in control of a controlled drug and didn’t have a prescription for it for medical purposes.
Texas law defines four classes of drugs defendants can be in possession of. Marijuana is classified on its own, independent of these four classes of drugs.
Possession entails intent. In the case of Texas v. Molina, the Texas Court of Criminal Appeals defined the term possession when a defendant “acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.”
In other words, the defendant must be aware his conduct is reasonably certain to cause a given result.
Texas state law imposes a wide range of penalties for drug offenses that range from a relatively minor misdemeanor to serious felony charges. Depending on certain factors, you could be charged with drug possession or drug possession with intent to distribute.
Some of the relevant factors are:
There are specific penalties for the possession of marijuana. The drug is considered to be a controlled substance class on its own.
The most common marijuana possession offense of possession of under two ounces carries a maximum penalty of 180 days in jail. In many situations, an experienced Texas narcotics defense lawyer can negotiate a deal for probation in exchange for a defendant entering and completing a drug treatment program.
Read about the timeline of a drug case here on our Tarrant County criminal defense attorneys’ website.