Posted on 10/11/21

Many states throughout the country have begun decriminalizing the recreational use and possession of marijuana. However, marijuana is still considered an illegal drug in Texas. If you have been charged with drug possession of marijuana or any other controlled substance in Texas, you could be facing serious penalties. The penalties for drug possession depend on the type of drug involved and the amount of drugs in the defendant’s possession. Penalties range from small fines to months in jail. 

Being convicted of drug possession can also have other negative impacts on your life, such as making it more difficult to find housing and employment. We will discuss some of Texas’s most commonly used defenses and legal strategies for drug possession charges.

Someone Else’s Drugs

If the drugs involved were not yours, prosecutors cannot convict you of drug possession. One of the elements of drug possession is that the drugs in question were in your actual or constructive possession. You will need to show proof that the drugs and questions belong to another person. You may have a text message from a friend, video footage, or witness testimony that somebody else owned the drugs. In rare cases, the drugs may have been planted on the defendant.


Entrapment occurs when a police officer or federal agent coerces someone into purchasing or possessing drugs. You will need to show that the drug possession resulted from coercion or force by the police to use the defense of entrapment successfully.

Unlawful Search and Seizure

Police officers may use their power to gather evidence from a defendant without respecting the defendant’s constitutional rights. For example, police officers cannot search your home without a warrant. They cannot pull you over for a drug offense unless they have a reasonable suspicion that you have committed a crime. If they do, they have committed an unlawful search and seizure of you and your property. Your lawyer will be able to argue that the court should throw out any evidence they have gathered as a result of that illegal search.

The Substance Was Not Illegal

Your lawyer may be able to argue that the laboratory did not test the substance in question correctly. The substance may not be a controlled substance, as listed under Texas criminal law. When lawyers cannot prove that the substance is unlawful, you cannot be convicted of drug possession in Texas. Similarly, the laboratory may not have weighed the substance correctly, putting you in a more serious penalties range for the crime should you be convicted.

Discuss Your Case With a Dallas/Ft. Worth Criminal Defense Lawyer

If you have been charged with drug possession, you must take these charges seriously. a conviction for drug possession could have a significant negative impact on you and your future. Contact the Dallas/Fort Worth criminal defense lawyers at Abel Law Firm today to schedule your initial consultation and discuss your case.

Flower Mound Office

Phone: 972.584.7837

Denton Office