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Possession of a Controlled Substance

Possession of any drug, compound or chemical listed as a scheduled substance or penalty group substance, without a prescription is a criminal offense in Houston. Controlled substances are drugs, plants or chemicals that have been determined to have a high potential for abuse and limited or no accepted medical use.

Having any quantity of illegal drugs can be prosecuted as a criminal offense. Also, possession of a legal pharmaceutical drug without the appropriate prescription is against the law. In most areas, having drugs is itself a crime and can lead to tough legal punishments.

Texas Penalties for Possession of a Controlled Substance

The most common drug-related offense is simple narcotic possession. Possession simply means having a usable quantity of drugs in an amount commonly associated with personal use. For example, having a small bag of marijuana may be considered possession while having two pounds of marijuana may be a more serious offense.

According to the Texas Penal Code, some common examples of drug possession penalties include:

Legal Defenses for Having Illegal Narcotics

A common method of defending against drug charges is to plead to a lesser offense. Because the law makes no distinction between drug ownership and drug possession, there is no point in arguing that the defendant didn’t purchase or use the drugs.

Instead, the Houston defense attorney could negotiate for the defendant to plead down to possession of paraphernalia rather than possession of a controlled substance. Also, the defense attorney could have the defendant agree to enroll in a drug treatment program in exchange for probation instead of jail time.

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Case Results
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  • Possession of Marijuana- Harris County
    Client set for trial on two possession of marijuana cases. Client admits to owning all marijuana in the vehicle on video. Motion to suppress granted.
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