San Antonio Drug Possession Lawyers

What Is Drug Possession in Texas?

You commit the offense of drug possession if you intentionally or knowingly possess a controlled substance. Under Texas law, “possession” means actual care, custody, control, or management. Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for sufficient time to permit him to terminate his control.

Elements of Possession of a Controlled Substance

Texas law provides two elements that must be established at trial beyond all reasonable doubt when a person is charged with possessing a controlled substance. 

Those elements include proof beyond all reasonable doubt that you:

• exercised care, custody, and control over the contraband; and
• knew that the object possessed was contraband.

The prosecutor can use circumstantial evidence to suggest that you knew of the presence of the drug. In some cases, circumstantial evidence could include that the drug was found in an item of drug paraphernalia or an item closely associated with drug use.

If the controlled substance can be seen and measured, the amount is sufficient to establish that you knew it was a controlled substance. If the quantity is too small to be measured, the State must prove, through other evidence, that you knew the substance in your possession was a controlled substance.

Possession of a Controlled Substance Penalties

Drug possession in Texas is outlined under Health and Safety Code Chapter 481. The penalties depend on the type and amount of the substance possessed. Controlled substances include the aggregate weight of any mixture, solution, or other substance containing a controlled substance.

Possession of a Controlled Substance Penalty Group 1

• State jail felony: less than one gram
• Third-degree felony: one gram or more but less than four grams
• Second-degree felony: four grams or more but less than 200 grams
• First-degree felony: 200 grams or more but less than 400 grams.
• 10 years to life, fine up to $100,000: 400 grams or more

Possession of a Controlled Substance Penalty Group 1- a

• State jail felony: number of abuse units is fewer than 20
• Third-degree felony: number of abuse units 20 or more but fewer than 80
• Second-degree felony: number of abuse units 80 or more but fewer than 4,000
• First-degree felony: number of abuse units over 4,000 or more but fewer than 8,000
• 15-99 years or life and a fine not to exceed $250,000: number of abuse units 8,000 or more

Possession of a Controlled Substance Penalty Group 2

• State jail felony: less than one gram
• Third-degree felony: one gram or more but less than four grams
• Second-degree felony: four grams or more but less than 400 grams
• First-degree felony and a fine not to exceed $50,000: 400 grams or more

Possession of a Controlled Substance Penalty Group 2-a

• Class B misdemeanor: two ounces or less
• Class A misdemeanor: four ounces or less but more than two ounces
• State jail felony: five pounds or less but more than four ounces
• Third-degree felony: 50 pounds or less but more than five pounds
• Second-degree felony: 2,000 pounds or less but more than 50 pounds
• First-degree felony and a fine not to exceed $50,000: more than 2,000 pounds

Possession of a Controlled Substance Penalty Group 3

• Class A misdemeanor: less than 28 grams
• Third-degree felony: 28 grams or more but less than 200 grams
• Second-degree felony: 200 grams or more but less than 400 grams
• First-degree felony and fine not to exceed $50,000: 400 grams or more

Possession of a Controlled Substance Penalty Group Four

• Class B misdemeanor: less than 28 grams
• Third-degree felony: 28 grams or more but less than 200 grams
• Second-degree felony: 200 grams or more but less than 400 grams
• First-degree felony and fine not to exceed $50,000: 400 grams or more