Possession of illegal drugs and controlled substances is an extremely complex area of the law. It’s best to start simply.
Illegal drugs fall into three main categories:
- Prescription pills possessed without a valid prescription
- Drugs made, manufactured or processed by unlicensed individuals
- And marijuana
Possession in Texas is legally defined as “actual care, custody, control or management” so to be in “possession” of anything illegal there must be evidence actually linking the accused to the contraband. Being with someone in possession or merely being in a place where drugs may be (and knowing drugs are present) is not sufficient to sustain charges in-and-of themselves.
The level of offense is dictated by certain factors in the Health and Safety Code Chapter 481.
Those factors are:
- The type of drug
- The amount possessed
- And aggravating factors such as whether drugs were possessed in a drug free zone or possessed with intent to distribute
Search and seizure law is a critical component of defending drug cases. This is because the way the police or any law enforcement attains the evidence in question is subject to a 4th Amendment analysis.
Your lawyer should be an expert in probable cause, reasonable suspicion and up to date on the constantly evolving current case-law on the topic. At Rosenthal & Wadas, we pride ourselves in our aggressiveness on search and seizure issues as well as forcing the State to prove affirmative links to the drugs in question.