Drug Possession Charges for Teens in Texas

As cannabis legalization spreads, a troubling trend has emerged in Texas: more teenagers are getting involved in drug possession crimes. With drug use becoming normalized in the media, many teens find it hard to resist experimenting, which can quickly escalate into more serious involvement with substances. However, the consequences of this experimentation go far beyond a school suspension or a stern lecture at home.

For many parents, the discovery that their child is involved with drugs is a shock that comes too late—often with a phone call from the school or, worse, the police. In Texas, drug laws are strict, and the penalties for possession can be harsh, even for teens. The state doesn’t take drug offenses lightly, and what might seem like a harmless experiment to a teenager can quickly lead to serious legal issues.

Who is Considered Underage by Texas Law?

The Juvenile Justice Code in Texas is part of the Texas Family Code, specifically in Title 3, Chapter 51. According to Texas law:

• A child is defined as someone who is at least 10 years old but not yet 17 years old.
• It can also include someone who is 17 or 18 years old if they are accused of breaking the law or needing supervision for something they did before they turned 17.

These age groups determine how juveniles are treated under the Texas juvenile justice system.

Common Drug Possession for Teens in Texas

Drug offenses involving juveniles in Texas encompass various illegal activities related to controlled substances. According to the Texas Juvenile Justice Department (TJJD), here are some of the most common drug possession-related crimes:

1. Marijuana Possession:
   • This is a prevalent charge for juveniles, especially involving small amounts of marijuana. It’s one of the most frequently encountered drug offenses among young people.
2. Possession of Controlled Substances:
   • This includes illegal drugs like cocaine, methamphetamine, heroin, and ecstasy. Possession of these substances is a serious offense and varies based on the type and quantity of the drug.
3. Possession of Prescription Drugs Without a Valid Prescription:
   • If found with prescription medications, such as opioids, benzodiazepines, or ADHD medications, without a valid prescription. This often includes medications that are not legally obtained or used outside their intended purpose.
4. Possession in a Drug-Free Zone:
   • If a juvenile is found with drugs near designated areas like schools or playgrounds, this can lead to enhanced charges. These zones are specifically protected under the law to prevent drug-related activities in sensitive areas.
5. Possession of Synthetic Drugs:
   • Texas law also addresses synthetic drugs, including synthetic cannabinoids (commonly known as “spice”) and synthetic cathinones (often called “bath salts”). These substances are specifically regulated due to their potential for abuse and harm.

Penalties for Drug Possession for Teens in Texas

Diversion Program for First-Time Teen Offenders

For young people who are caught for a minor first offense, they might be offered a “diversionary program.” This program helps them avoid going to juvenile court. Instead, they can deal with their actions through the program, which can keep them from getting a criminal record and facing legal trouble. In these programs, local authorities, counselors, or teachers work with the teens to improve their behavior and help them make better choices.

Deferred Prosecution for Advancing Cases

If a juvenile court officer decides that a case against a minor should move forward to juvenile court, they might suggest deferred prosecution.

A deferred prosecution is an option where, instead of going through a formal court process, the teen, their parents, the prosecutor, and the probation department agree to certain conditions of probation. If the teen follows these rules, they won’t get a juvenile record.

Some common probation conditions might include:

• Attending drug rehab
• Spending time in a juvenile detention center
• Taking substance abuse education courses
• Going to counseling
• Paying court fees
• Doing community service

If the teen completes the probation without any issues, no official juvenile record will be created.

Additionally, the court can order the Texas Department of Public Safety (DPS) to suspend or deny the teen’s driver’s license for certain drug offenses. If the teen is put on probation, it must end by their 18th birthday. If they are sent to the Texas Juvenile Justice Department (TJJD), their sentence must be completed by their 19th birthday.

Adult Court for Serious or Repeat Offenders

If a teen with a prior criminal record is caught with a large amount of drugs, the prosecutor might seek to have them tried as an adult, which could lead to adult-level consequences.

Under Texas Family Code § 54.02, the juvenile court can choose to transfer the case to an adult court if the juvenile is at least 14 years old and is facing felony charges. This is especially likely if the juvenile has a history of criminal behavior or if the current offense is particularly serious.

Sample Scenario:

Let’s say a 16-year-old in Texas is caught with 5 grams of methamphetamine, and it’s their second offense. They could be charged with a second-degree felony.

The prosecutor may push for the young offender to be tried as an adult due to the severity of the offense and the repeat nature of the crime. If convicted in adult court, the juvenile could face a prison sentence of 2 to 20 years, a fine of up to $10,000, and other adult-level penalties.

Drug possession charges can seriously impact a teen’s future. To handle these charges effectively, it’s important to understand the legal system and available defenses. Families should seek the help of a student criminal defense attorney to ensure their child gets the best representation and support during the legal process.

Possible Defenses Against Drug Possession Charges

If a minor faces drug possession charges, a student criminal defense attorney specializing in drug-related cases can make a big difference. Here are some key defenses that could make an impact with their case:

1. Illegal Search and Seizure: If law enforcement found the drugs through an unlawful search, the evidence might be dismissed. A good lawyer can argue that the search violated the juvenile’s rights.
2. Lack of Knowledge: If the accused teen was unaware of the narcotics, this could serve as a strong defense. Proving that the minor was unaware of the drugs can help their case.
3. Medical Necessity: Argues the drugs were for legitimate medical use with proper medical evidence.
4. Chain of Custody Issues: If there were problems with how the evidence was handled, making it unreliable.
5. Consent Issues: If the minor consented to a search without fully understanding their rights.

Arrested? Don’t Plea, Call Me!

Drug possession for teens in Texas can lead to life-altering consequences. Protect your child’s future by understanding the legal landscape and exploring every possible defense. Don’t face this challenge alone—contact Texas Criminal Defense Group today for expert guidance and a tailored defense strategy that puts your child’s well-being first.