What is possession of a controlled substance?

In Texas, possession of a controlled substance is a drug crime where an individual has physical or constructive control of a controlled substance. Constructive control means that an individual does not physically have the controlled substance, but they have the intent to possess the controlled substance. Physical possession means an individual has the controlled substance on their person, such as in their pocket or their hand. Constructive possession means an individual has the authority to possess the controlled substance but does not actually have the controlled substance on their person. Examples of constructive possession include having a substance in a house, car, or any other property that the individual has control over. The amount of the controlled substance will determine the level of punishment. Possession of 28 grams or less of a controlled substance is typically a class A misdemeanor charge, which carries a fine of up to $4,000 and/or a jail sentence of up to one year. Possession of more than 28 grams of the controlled substance is a felony charge, which carries a prison sentence of two to ten years. It is important to remember that possession of a controlled substance in Texas is a criminal offense that can result in serious penalties. If you have been charged with possession of a controlled substance in Texas, it is highly recommended that you contact an experienced criminal defense attorney in order to protect your rights.

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