If you are found to be possessing any illegal substance willfully, or, if you voluntarily chose to carry an illegal substance, you are committing a crime in Texas. This is true for drugs such as marijuana, cocaine, heroin and methamphetamine.
In addition, any equipment that is associated with manufacturing or distributing the drug can also be classed as a criminal possession. The consequences of drug possession in Texas depend largely on the type of drug that was found in your possession, as well as the quantity that you possessed.
How can the possession of methamphetamine be proven?
When a substance such as methamphetamine is found on your possession, although it can be interpreted as suspicious, it cannot be identified as a controlled substance until it has been tested in a lab. If it can be proven scientifically that the substance you had on your possession was, in fact, methamphetamine, you can always dispute the charge by making the defense of involuntary possession.
What is involuntary possession?
Involuntary possession is a defense that can be used when the individuals had no knowledge of an illegal substance being among their belongings, or that they were forced to carry the illegal substance through threat or intimidation. An example of this could be a situation where people left their suitcases unattended for a short period. They were then accused of possession of methamphetamine because it was found in their belongings, but they had no knowledge of this.
Another example could be a situation where people were threatened with violence if they refused to transport methamphetamine from one place to another.
What are the consequences of being found guilty of methamphetamine possession in Texas?
If 1g of methamphetamine is found on your possession, it is likely that you will face between 180 days and two years in prison as a result. If you are found with between 1g and 4g, you will likely face between two years and 20 years in prison. If you are found with more than 4g, it is possible that you could face up to 99 years in prison under Texas law.
It is important to take action as soon as possible if you have been found with methamphetamine on your possession, so that you can get the best possible result in court.