By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Drug crimes in Texas operate very similarly to one another regardless of the substance alleged to be possessed. While the specific substance and the quantity dictate the level of offense, the law of “possession” in Texas is consistent.
Many people feel as though because they were in a situation where drugs were present that they are guilty of an offense. Not so in Texas.
“Possession” is defined by Texas Penal Code 1.07(a)(39) as “actual care, custody, control or management.”
The operative word (in my opinion) is “actual.” This means the prosecution must prove the drugs were in your possession — i.e. that the defendant ACTUALLY exercised some degree of of care, custody, control or management — of whatever contraband they have alleged the accused possessed.
If you think about how the police tend to encounter drugs…
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