Protecting You And Your Family Is Important To Me

What is drug possession in Texas?

On Behalf of | Oct 5, 2023 | Criminal Defense |

Drug possession is a criminal charge that’s often viewed as minor. However, this is a very serious charge because it can result in a host of life changes if the person is found guilty. Texas, known for its strict approach toward drug offenses, has clear-cut laws and regulations regarding drug possession.

Drug possession essentially refers to having control over an illegal or controlled substance. It doesn’t necessarily mean the drugs must be physically on a person. They could be in their car, home or even a locker, which still counts as possession. In Texas, the legal consequences of drug possession vary depending on the type and amount of the substance, along with other factors.

Texas drug possession laws

Texas classifies controlled substances into various penalty groups, each with its penalties. State law takes the type of drug, the amount, the presence of paraphernalia and prior drug convictions into account when determining the specific charge for a case. Some are classified as misdemeanors, but others are felonies. This means that the penalty range is anywhere from up to a year in county jail through 99 years in prison.

Factors influencing the outcome

Several factors can influence the severity of the charge and the potential penalties in Texas. Besides prior convictions, courts also consider whether the individual intended to distribute the drug and the presence of any aggravating factors, such as being in a drug-free zone.

The penalties that come with a drug possession conviction are serious. For some, the conviction can make it difficult to find a suitable place to live or to find a good job. Working on a defense strategy as soon as possible after the arrest is beneficial.