Question 1

Can a drug possession charge be dismissed in Texas?

Accepted Answer

Yes. Drug possession charges can be dismissed through several avenues. If the drugs were found during an unlawful search, a motion to suppress can result in the evidence being thrown out and the case dismissed. First-time offenders may also be eligible for deferred adjudication or a drug court diversion program, which can result in dismissal upon successful completion.

Question 2

What is the difference between actual and constructive possession in Texas?

Accepted Answer

Actual possession means the drugs were found on your person. Constructive possession means the drugs were found somewhere you had access to such as your car, home, or a shared space and the prosecution must prove you knew the drugs were there and that they were a controlled substance. Constructive possession cases are often more defensible because knowledge and control are harder to prove.

Question 3

What are the penalties for possession of methamphetamine in Texas?

Accepted Answer

Methamphetamine is a Penalty Group 1 substance. Possession of less than 1 gram is a state jail felony (180 days to 2 years). 1 to 4 grams is a 3rd degree felony (2–10 years). 4 to 200 grams is a 2nd degree felony (2–20 years). 200 to 400 grams is a 1st degree felony (5–99 years). Over 400 grams carries 10 to 99 years or life in prison.

Question 4

Can I get probation for drug possession in Texas?

Accepted Answer

Yes, in many cases. First-time and low-level drug possession offenders are often eligible for probation, deferred adjudication, or drug court. Successfully completing deferred adjudication means no conviction on your record. An experienced attorney can evaluate your eligibility and advocate for the best possible outcome.

Possession of a Controlled Substance

Penalty Groups and Drug Classifications

Penalty Group 1 Possession

Actual vs. Constructive Possession

Drug Court and Diversion Programs

Potential Penalties

Possible Defenses

Frequently Asked Questions