Facing Drug Charges Without Actual Possession
Facing drug charges can be daunting, especially when you realize that “possession” doesn’t always mean having drugs on you. Under the legal concept of constructive possession, you can be held responsible for drugs found nearby or under your control, even if you didn’t know they were there.
Understanding the difference between actual possession and constructive possession is crucial, particularly in Texas, where over 127,000 drug-related arrests occurred in 2022. Let’s explore what constructive possession means and how it could impact you.
Navigating the Legal Meaning of Possession
Texas Penal Code § 1.07(a)(39) defines “possession” as “actual care, custody, control, or management.” This broad definition allows for charges based on constructive possession, where an individual may not have physical possession of a controlled substance but still has the ability to exercise control over it.
For example, if illegal drugs are found in a car you’re driving or in a home where you live, police may argue that you had constructive possession of those drugs.
Additionally, case law often supports this concept. For instance:
- United States v. Scales, 464 F.2d 371 (6th Cir. 1972), states that “constructive possession exists when a person knowingly has the power and the intention at a given time to exercise dominion or control over an object, either directly or through others.”
The Main Aspects of Constructive Possession
To prove constructive possession charges in Texas, the prosecutor must show two main things:
1. Knowledge of the Drugs: The defendant knew that the controlled substances were present. Without this knowledge, it cannot be established that the defendant had constructive possession.
To prove that someone had “actual knowledge,” the prosecution needs to establish:
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- Statements showing awareness of drugs, indirect or not, can strongly suggest knowledge.
- The defendant’s actions, like hiding or disposing of drugs, may imply awareness.
- Fingerprints or DNA on the drugs or packaging can indicate handling or knowledge of the drugs.
2. Control Over the Drugs: The defendant had control or influence over the drugs. This means that the drugs were in a place where the defendant could exercise dominion or control over them, such as in a vehicle, home, or another location where the defendant has a presence or authority.
3. Circumstantial Evidence: Constructive possession is often proven through circumstantial evidence, such as the defendant’s behavior, ownership, or control over the location where the drugs were found. Any signs that suggest the defendant had authority over the drugs can support a charge of constructive possession.
Supporting Evidence Without Actual Possession of Drugs
Several factors can link a defendant to a controlled substance, such as:
Items like pipes or scales can be used as evidence to support a drug charge by showing knowledge and control.
If found with tools or materials for making drugs, you could face serious charges even if you don’t physically possess the drugs.
If there is evidence that you planned to sell or distribute drugs—such as having large amounts or special packaging—you could be subject to harsher penalties
Penalties for Drug Possession in Texas
The penalties for drug possession can be serious and depend on the type of drug, how much you have, and if you have any past convictions. Here’s a simple overview of potential penalties, along with the relevant Texas Penal Code sections:
Marijuana Possession (Texas Health and Safety Code § 481.121)
- Less than 2 ounces: Up to 180 days in jail and a fine of up to $2,000.
- 2 to 4 ounces: Up to 1 year in jail and a fine of up to $4,000.
- 4 ounces to 5 pounds: 2 to 10 years in prison and a fine of up to $10,000.
Possession of Other Controlled Substances (Texas Health and Safety Code § 481.115)
- Up to 1 gram: State jail felony, which can lead to 6 months to 2 years in a state jail and a fine of up to $10,000.
- 1 to 4 grams: 2 to 10 years in prison and a fine of up to $10,000.
- 4 to 200 grams: 2 to 20 years in prison and a fine of up to $10,000.
- 200 grams to 400 grams: 5 to 99 years in prison and a fine of up to $100,000.
- More than 400 grams: 10 to 99 years in prison and a fine of up to $100,000.
Higher Penalties for Repeat Offenders:
- The sentence can be enhanced by adding 5 to 99 years in prison if it’s a repeat offense.
- A person with two or more prior felony convictions may be classified as a habitual offender, leading to a minimum sentence of 25 years to life in prison for the current offense.
- Repeat offenders may also face increased fines, which can be significantly higher than those for first-time offenders.
- Under three-strikes law, offenders with three or more felony convictions can face life imprisonment without parole.
Arrested? Don’t Plea, Call Me!
If you’re facing drug charges in Texas, don’t let the complexities of constructive possession catch you off guard. The consequences of a drug conviction can be severe, impacting your future and freedom. Understanding the nuances of constructive possession—where you can be held accountable even if you didn’t physically have drugs on you—is critical to your defense.
If you’re facing drug charges, the stakes are too high to handle alone. Contact our experienced Texas drug defense attorney to schedule a consultation and start building your defense. Your future could depend on it.