Actual vs. Constructive Drug Possession

Drugs and Drug Possession Charges in Houston, Galveston County, League City, and Friendswood: What You Need to Know

When it comes to drug possession charges, the elements that prosecutors must prove are the same in every case. The Texas Controlled Substances Act prohibits the knowing, intentional possession of a controlled substance that is listed on different Schedules and/or Penalty groups. When law enforcement in Houston, Galveston County, League City, or Friendswood arrests someone for drug possession, what may appear to be a simple charge often masks a tangle of legal complexities. Our lawyers fight tirelessly to defend clients’ rights and achieve the best possible outcomes in every case.

As a seasoned criminal defense lawyer licensed in Texas, I’ve spent years defending individuals across these communities. Clients trust our lawyers to provide dedicated, professional legal support. Possession charges may involve anything from a syringe in a pocket to drugs discovered in a vehicle or home—and each scenario demands careful attention to the legal distinctions between actual and constructive possession.

Introduction to Drug Possession

Drug possession is a serious legal matter in Texas, carrying significant risks to your well-being and future. Whether you are accused of possessing cocaine, methamphetamine, or another controlled substance, the law treats these offenses with utmost severity. At our firm, we understand that every client’s situation is unique, and we are dedicated to providing personalized attention to those facing drug possession charges in Galveston and throughout Texas. Our attorneys possess extensive knowledge of state drug laws and are committed to protecting your best interests at every stage of the legal process. We believe that safeguarding your rights and well-being is our top priority, and we work tirelessly to ensure you feel supported and protected as we guide you through your case.

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Understanding Possession Under Texas Law

Under the Texas Controlled Substances Act—codified in Chapter 481 of the Texas Health & Safety Code—a person commits the offense of possession only if they knowingly and intentionally exercise care, custody, control or management over a substance listed in one of the penalty groups. In Galveston County courts or Harris County’s Family Law Center in Houston, prosecutors must prove every element beyond a reasonable doubt. That is the highest possible standard, whether the charge arises from actual possession—like holding a pill bottle—or constructive possession—like possessing drugs stored in a shared space.

Only medications or substances that are approved for legal use are exempt from prosecution; possession of non-approved substances can result in criminal charges.

Actual vs. Constructive Possession

Actual possession occurs when a controlled substance is in your hand, your pocket, or your personal bag. But many cases hinge instead on constructive possession, where drugs are found in a car’s glove box or trunk, an office, or shared home. Constructive possession is commonly the basis for many drug possession cases in Texas. In those situations, Texas law requires more than proximity. Courts rely on the affirmative-links test from Poindexter v. State and Poindexter reaffirmed in later jurisprudence: the state must show you had knowledge of the drugs and enough control over them to constitute possession. Simply standing near drugs in a roommate’s living room or shared vehicle in League City does not automatically implicate you, as long as no affirmative links exist.

Types of Drugs Involved in Possession Charges

Drug possession charges in Texas can involve a wide variety of substances, from prescription medications like pain relievers and stimulants to illicit drugs such as cocaine, heroin, and methamphetamine. In addition to these drugs, individuals may also be charged with possessing drug paraphernalia—items like syringes, pipes, or other equipment associated with drug use or distribution. Our attorneys have handled cases involving nearly every type of drug and possess a thorough understanding of the laws that govern these substances. We are equipped to represent clients charged with possession of both legal and illegal drugs, ensuring that every aspect of your case is addressed with the knowledge and experience necessary to protect your rights.

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Case Examples Demonstrating Legal Nuances

In one example in Galveston, a client was detained during a traffic stop when officers found a small bag of methamphetamine in a cup holder. The client, a ride‑share passenger, did not own or operate the vehicle. We highlighted lack of ownership or control, absence of fingerprints, and the client’s surprise upon discovery. The court granted a suppression motion, excluding all evidence, and the charge was dismissed before ever reaching a jury. In some cases, drug possession charges may be accompanied by DWI charges if the individual is suspected of driving under the influence of drugs or alcohol. That kind of victory hinges on a thoughtful defense rooted in Texas law. Poindexter reminds us the State must prove you, not somebody else in the car, knew of and voluntarily maintained control of the substance.

Texas Controlled Substances Penalty Groups and Sentencing

Texas law divides controlled substances into Penalty Groups, and each group carries specific penalties depending on the quantity involved. For substances in Penalty Group 1—including methamphetamine, heroin, and cocaine—the penalties escalate as drug weight increases. Possession of less than one gram is a state‑jail felony; one to four grams is a third‑degree felony; four to 200 grams is second degree; and amounts over 200 grams become first-degree felonies. Possession exceeding 400 grams may carry life imprisonment or up to 99 years. Amphetamines, which fall under this group, can also lead to stimulant use disorder, with withdrawal symptoms that can include fatigue and depression. Misuse or overdose of substances like fentanyl or methamphetamine can result in death.

Many substances in these penalty groups are not FDA-approved for safe use, which increases both legal and health risks.

Penalty Group 1-A, which includes LSD and related hallucinogens, also escalates from state-jail felony to first-degree felony depending on abuse units possessed. Penalty Group 2 encompasses MDMA, PCP, synthetic cannabinoids (e.g., Spice/K2), and similar substances. A person found with under one gram faces a state‑jail felony; one to four grams, third-degree; and larger amounts rise accordingly. Penalty Group 3 and 4 include prescription medications like Xanax or Hydrocodone; small quantities usually result in misdemeanors or state jail, while larger amounts result in felony charges. Marijuana is still separate under Texas law, with very low thresholds before a prosecution is initiated. Some people who use methamphetamine, which is part of Penalty Group 1, may develop a methamphetamine use disorder characterized by withdrawal symptoms.

Legal Consequences of Drug Possession

Being charged with drug possession in Texas can have life-altering consequences. Depending on the type and amount of drug involved, possession may be classified as either a misdemeanor or a felony, with penalties ranging from fines and probation to lengthy imprisonment. Beyond the immediate legal penalties, a conviction can impact your ability to secure employment, find housing, or obtain professional licenses, and may damage your reputation for years to come. Our attorneys are dedicated to helping clients navigate these challenges and possess the skills and experience needed to secure the best possible outcome. We are committed to protecting your future and ensuring that your case is handled with the utmost care and attention.

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Mandatory Probation and Diversion Programs

Importantly, Texas law permits mandatory probation under CCP § 42.551 for first-time offenders in certain drug possession categories. For instance, someone in Galveston who is arrested for possession of less than one gram of methamphetamine (PG 1), or someone in Friendswood accused of possessing under one gram of MDMA (PG 2), may qualify for probation instead of jail time, provided there are no aggravating factors. These statutory protections are powerful tools for qualified clients.

Navigating drug possession in Friendswood also demands awareness of local resources. Harris County has diversion options such as First Chance Intervention or Deferred Prosecution, depending on case specifics. Galveston County has similar programs, often accessible to repeat offenders under close monitoring. These programs focus on rehabilitation and recovery rather than punishment, and can result in case dismissal with community service hours instead of jail time, but they must be applied for early—and sometimes through pretrial negotiations.

Federal vs. State Drug Possession Laws

A major point that many clients in League City or Friendswood find startling is how federal and state definitions differ slightly. If federal agents become involved—as often happens in Houston with interstate trafficking rings—mandatory minimum sentencing, rigid federal sentencing guidelines, and conspiracy charges may come into play. Even rented vehicles or third-party hotels can trigger federal possession or intent-to-distribute charges, especially if anyone else involved is alleged to be part of organized activity. Federal charges are not always based on physical possession, but can rely on conspiracy theories built from communication or travel patterns. In 2024, a Houston man was federally convicted for trafficking fentanyl and firearms, receiving nearly twenty years in prison. Substitute drugs like fentanyl are often found in counterfeit pills, increasing the risk of overdose. Researchers have documented the increasing prevalence and dangers of these substances in recent years. These federal prosecutions underscore the importance of local legal counsel who understands both systems.

Defense Strategies in Drug Possession Cases

Defense strategies in Galveston and Harris County courts typically start at arrest. Everything from the legality of an on-scene search to probable cause for a traffic stop can be contested. A key motion is a motion to suppress evidence gathered without a warrant or probable cause. In an incident in Galveston, officers searched a vehicle during a stop for an expired inspection sticker and found pills in the door panel. We successfully argued that the search exceeded the scope of the stop. The judge suppressed the evidence, and the charges were later dismissed after the DA declined to refile.

Another frequent battleground is challenging constructive possession. If you were present in a shared home or party and the drugs belonged to someone else, your attorney would probe who owns the property, who controls access, who handles the bag or pill bottle. Without solid affirmative links—like fingerprints, bag ownership, or statements connecting you to the drugs—the prosecution’s case may fall apart. A similar example occurred in League City, where a client’s coworker left marijuana in a previously-shared lunch box. Our cross-examination highlighted that clients and coworker carpooled, had equal access, and the client didn’t know about the box’s origin; the jury found reasonable doubt and returned a not-guilty verdict.

We ensure clients receive detailed information about their defense options and the legal process.

Practice Areas Related to Drug Possession

Our firm offers comprehensive legal services across a range of practice areas that often intersect with drug possession cases, including criminal defense, personal injury, and bankruptcy. We recognize that drug possession charges can raise complex legal issues that require a multifaceted approach. With extensive experience in these practice areas, our attorneys provide personalized attention to every client, focusing on protecting your interests and ensuring your rights are safeguarded throughout the process. Whether you are seeking relief from debt, pursuing a personal injury claim, or defending against a drug possession charge, our firm is committed to providing the guidance and advocacy you need to move forward with confidence.

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Importance of Early Legal Intervention and Client Cooperation

If you’re arrested for possession in Houston, Galveston, League City, or Friendswood, immediate steps make a difference. Do not consent to any searches of property or vehicles without a warrant, remain silent until your lawyer arrives, and seek legal counsel promptly. Early intervention allows your attorney to file critical motions, preserve diversion eligibility, and secure suppression if appropriate. We understand the feeling of uncertainty and stress you may experience after an arrest, and we are here to support you through this challenging time.

A few simple client actions also support defense: write down the specifics of your arrest, names of witnesses (especially independent ones), and avoid social media posts about the event. These details matter if a case goes to trial in Harris County criminal courts or Galveston County district court.

Local Expertise Matters: Why Choose Tad Nelson & Associates

When you hire the Law Offices of Tad Nelson & Associates, PLLC, you gain a defense team intimately familiar with the drug prosecution culture in each jurisdiction. In Houston courts, prosecutors may push for enhancements when fentanyl or weapons are involved; in Galveston, a single prior drug possession may still qualify for probation if handled aggressively. League City and Friendswood clients benefit from knowing which judges accept probation motions, which courts suppress evidence frequently, and where diversion is still acceptable.

Recent Legal Developments and Federal Law Updates

As of July 2025, the Texas Controlled Substances Act remains the governing law, unchanged in its requirements for actual and constructive possession, and the statutory penalty groups continue to dictate sentencing ranges. There have been no federal changes affecting Texas possession law beyond the fentanyl scheduling changes in 2024–2025, which have made fentanyl analogues subject to the same mandatory minimum regimes as fentanyl itself. A federal law, known as the Fentanyl Enforcement Act, now permanently classifies most fentanyl‑related substances as Schedule I, triggering mandatory sentences for large‑scale cases. People who develop a use disorder due to opioids, including fentanyl, may experience cravings and withdrawal symptoms upon cessation. That makes local representation all the more critical when federal or combined state‑federal investigations involve substances passing through Houston or Gulf Coast routes.

Treatment Options for Substance Use Disorders

Treatment options for substance use disorders may include behavioral therapies such as cognitive behavioral therapy and contingency management, which can be critical for long-term recovery.

Some medications, such as esketamine, are FDA-approved for treating depression in adults.

Stimulant medications can increase energy and alertness, but may also have side effects.

Treatment aims to address the various effects that different drugs can have on physical and mental health.

Personal Injury and Drug Possession

There are situations where drug possession issues overlap with personal injury claims. For example, you may be injured in an accident caused by someone under the influence of drugs, or you might suffer harm from medications prescribed to you, leading to addiction or other complications. Our attorneys possess a deep understanding of how drug possession can impact personal injury cases and are committed to providing effective representation for clients who have been injured due to another’s negligence. We are dedicated to protecting your interests and securing the compensation you deserve. If you or a loved one has been injured and is also facing a drug possession charge or related legal issue, our firm is here to help. Contact us today to learn more about your options and take the first step toward protecting your rights and well-being.

Contact the Law Offices of Tad Nelson & Associates

If you’ve been arrested for drug possession—or even believe you may be under investigation—contact the Law Offices of Tad Nelson & Associates immediately. We offer free case evaluations over the phone or in person in Galveston, Friendswood, League City, and Houston. In addition to our legal defense services, we also offer mediation to help clients resolve disputes outside of court. Call (281) 206‑8013 to schedule your confidential consultation. Our team fights aggressively for your rights, keeps sentences low, and works to preserve your future—because drug charges don’t have to define your life.