Texas Drug Possession Laws

Please note: This blog post does not constitute legal advice.  For legal advice, please do contact a licensed attorney.  I can be reached for a free consultation at 214-702-CARL(2275) or 469.2000(DWI).  Thanks, Carl Ceder

Possession of controlled or illicit drugs may be a violation of  the Texas Controlled Substances Act. In order convict for drug possession, a prosecutor must be able to prove beyond a reasonable doubt that the defendant intentionally and knowingly possessed or controlled a an illicit drug which they do not have a valid prescription from a doctor for medical purposes.

Under Texas law, there are four classes of drugs. Marijuana is evaluated on its own, separated from these four classes of drugs.

Defenses to Drug Possession Charges

  • An Insufficient quantity of the drug in question.
  • The drug was prescribed medication from a registered medical doctor.
  • The drug is prescribed medical marijuana.
  • The drug has been approved for use under the Federal Food, Drug, and Cosmetic Act
  • The drug was a substance for which there is an approved new drug application under the Federal Food, Drug, and Cosmetic Act
  • The drug was not designed for human consumption.
  • Lack of knowledge the defendant had a controlled substance.


Penalties and Sentences

Penalties for drug possession in Texas vary based on a few determining factors:

  • Past convictions
  • Type of drug
  • Possession of  drug paraphernalia
  • How the drug was stored or concealed
  • Quantity

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