Texas Drug Possession Laws

Have you or a loved one charged with drug possession? Learn the Texas drug possession laws here, then contact our San Antonio attorneys today.

You will need to contact an experienced San Antonio drug crime lawyer with a proven track record of success in the courtroom immediately. Here is some information on Texas drug possession laws.

Texas Drug Possession Laws | Defenses

If you’re charged with drug possession, you’re being accused of violating the Texas Controlled Substances Act. You may also face additional charges. There are various defenses that may be available depending on the facts surrounding your case: 

  • You didn’t know that you were in possession of the drug(s). 
  • The drug isn’t for human consumption.
  • The drug has a new drug application under the Federal Food, Drug, and Cosmetic Act. 
  • The drug is approved as an investigational drug under the Federal Food, Drug, and Cosmetic Act and you having it is subject to an exemption. 
  • You have medical marijuana and you’re allowed to use it under The Texas Compassionate Use Act. 
  • The drug you have was prescribed to you by a medical doctor. 
  • You don’t have enough of the drug on your person or in your possession to constitute a drug possession charge. 

The penalties for possession in Texas depend on the type of drug involved, how much of it you have, how the drug was being stored and whether it was concealed, if there is drug paraphernalia (including a large amount of money), and any past convictions you may have.  

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Texas Drug Possession Laws | Intent to Distribute

Since many of the possible defenses for possession with the intent to distribute are the same as possession and drug trafficking, we won’t cover those again. However, there is an additional defense: duress. If you were forced into this crime by threat of harm to you or your family, that could be a mitigating factor. If you’re being accused of possession with the intent to distribute, you’re being accused of violating the Texas Controlled Substances Act. Some factors that will be considered include the number of drugs allegedly involved, the type of drug, and how it is classified under Texas law.  The potential penalties are extremely serious. You need to talk with an experienced San Antonio drug crime lawyer as soon as possible.  

Texas Drug Possession Laws | Hire an Attorney

When you have been accused of drug crimes such as drug possession, importation, drug manufacturing, or delivery of controlled substances (distribution), you are facing a serious crime that will have a major impact on your life if you are convicted. If you are being charged in federal court, you may be looking at a long prison sentence with little chance for parole. In these situations, you want a San Antonio drug crime lawyer with experience, credibility, and an aggressive trial strategy. Contact our office today.


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