Fort Worth Drug Possession Lawyer

What is Drug Possession?

Under the Texas Health and Safety Code, possession is defined as "actual care, custody, control, or management" of a controlled substance. To secure a conviction, the state must prove two distinct elements beyond a reasonable doubt:

• Exercise of Control: You had physical control over the substance or the "right" to control it.
• Knowledge: You were aware that the substance was a controlled drug and that it was in your presence.

It is a common misconception that drugs must be in your pocket to be considered "yours." In Texas, prosecutors often rely on the theory of constructive possession, meaning the drugs were found in a place you controlled, such as your car's glove compartment or your bedroom.

Common Ways to Possess Controlled Substances

Law enforcement in Fort Worth frequently makes arrests based on various forms of possession. These include:

• Actual Possession: The substance is found on your person, such as in your hands, pockets, or clothing.
• Constructive Possession: The substance is found in an area over which you have "dominion and control," even if you are not touching it at the time of the search.
• Joint Possession: More than one person can be charged with possessing the same drugs. If a controlled substance is found in a shared vehicle or apartment, everyone with access to that space could potentially face charges.

Regardless of how the drugs were found, The Alband Law Firm scrutinizes the "affirmative links" between you and the substance to ensure you aren't being held responsible for something that wasn't truly yours.

Drug Possession Penalties in Texas

Texas categorizes controlled substances into Penalty Groups (PG). The severity of your sentence depends on the group the drug falls into and the aggregate weight of the substance.

Penalty Group 1 & 1-A (Cocaine, Heroin, Methamphetamine, Fentanyl)

These are considered the most "dangerous" drugs with no accepted medical use.

• Less than 1 gram: State Jail Felony (6 months to 2 years in state jail).
• 1 to 4 grams: Third-Degree Felony (2 to 10 years in prison).
• 4 to 200 grams: Second-Degree Felony (2 to 20 years in prison).
• Over 400 grams: Enhanced First-Degree Felony (Up to 99 years or life).

Penalty Group 2 (Ecstasy/MDMA, PCP, Mushrooms)

• Less than 1 gram: State Jail Felony.
• 1 to 4 grams: Third-Degree Felony.

Penalty Group 3 & 4 (Xanax, Valium, Compounds with Codeine)

• Less than 28 grams: Class A Misdemeanor (Up to 1 year in county jail).
• 28 to 200 grams: Third-Degree Felony.

Marijuana Possession

While many states have moved toward legalization, Texas remains strict. Possession of less than 2 ounces of marijuana is a Class B Misdemeanor, punishable by up to 180 days in jail. However, possessing THC concentrates (vape pens or edibles) is often charged as a Penalty Group 2 felony, regardless of the small amount.

Legal Defenses to Possession Charges

Being charged is not the same as being convicted. A skilled Fort Worth drug possession lawyer can employ several defense strategies:

• Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches. If the police stopped your car without reasonable suspicion or searched your home without a valid warrant (or an exception), the evidence may be suppressed.
• Lack of Knowledge: If someone left drugs in your car or house without your knowledge, you do not meet the legal requirement for "intentional" possession.
• Chain of Custody Issues: We investigate how the drugs were handled from the crime scene to the lab. If the evidence was mislabeled, tampered with, or lost, it may be inadmissible.
• Valid Prescription: For cases involving prescription pills (PG 3 or 4), proving you had a valid medical prescription at the time of the arrest is a complete defense.

Tarrant County Diversion Programs

For first-time offenders, Tarrant County offers specialty courts that can lead to a dismissal of charges.

• First Offender Drug Program (FODP): This is a high-intensity, short-term program for "self-correctors." Successful completion means your case is dismissed, and you may eventually be eligible for an expunction to clear your record.
• Deferred Prosecution Program (DPP): Often available for younger offenders or those with minimal criminal history, this program focuses on rehabilitation over incarceration.

Drug Possession FAQs

Can I be charged with possession if the drugs weren't mine?

Yes. If the drugs were in a "common area" you controlled, the state can charge you. However, a lawyer can argue that there are no "affirmative links" connecting you specifically to the contraband.

What if the police didn't have a warrant?

In many cases, police rely on "consent" or "plain view" to search without a warrant. If we can prove you didn't truly consent or that the officer’s justification for the search was fabricated, the case could be dismissed.

Will I lose my driver’s license?

In Texas, a drug conviction can lead to an automatic 180-day suspension of your driver’s license. This is one of the many reasons why fighting for a dismissal or a non-conviction outcome is vital.

Is Delta-8 or CBD legal in Fort Worth?

While hemp-derived products with less than 0.3% THC are technically legal under the Farm Bill, police field tests often cannot distinguish between legal hemp and illegal marijuana. This frequently leads to wrongful arrests.

Contact The Alband Law Firm Today

When you are facing the power of the Tarrant County District Attorney’s office, you cannot afford to wait. Evidence disappears, and witness memories fade. At The Alband Law Firm, we immediately begin our investigation to find the holes in the prosecution's case.

Contact The Alband Law Firm for your free consultation.