Can You Go to Jail for Possession of a Controlled Substance in San Antonio?

Drug possession charges in San Antonio are not to be taken lightly, as they carry severe consequences that can significantly impact your life. Texas has strict drug possession laws, and even a small amount of a controlled substance can lead to jail time.  If you are facing possession charges in San Antonio, understanding the legal implications and securing qualified legal help is not just important, it is essential. Read further to learn if you can go to jail for possession of a controlled substance in San Antonio and how a San Antonio drug defense attorney can help.

Is Jail a Possibility?

Yes, jail is a very real possibility for possession of a controlled substance in San Antonio. The specific penalty depends on the amount and type of substance. For example, possessing less than one gram of a Penalty Group 1 substance can lead to a state jail felony. This can result in 180 days to 2 years in jail. Larger quantities and higher penalty groups can lead to more severe sentences, including life imprisonment. 

First-time offenders with small amounts might qualify for alternative sentencing programs. These programs, such as drug courts or probation, focus on rehabilitation rather than incarceration. However, repeat offenders or those caught with larger quantities are more likely to face jail time.

Hiring a qualified attorney to represent you can make a significant difference in the outcome of your case. An experienced Drug Defense Attorney in San Antonio can negotiate for reduced charges or alternative sentencing, helping to avoid or minimize jail time.

What Constitutes Possession of a Controlled Substance in San Antonio, Texas?

In Texas, possession of a controlled substance means having actual care, custody, control, or management of the drug. Texas Health and Safety Code § 481.002 states that the state must prove you knew about the substance and had control over it to convict you.

There are two types of possession:

1. Actual; and
2. Constructive

Actual possession is when the substance is found on your person, like in your hand or pocket. On the other hand, constructive possession is when the substance is in a place you control, like your car or home, even if it is not physically on you. Having drugs in your glove compartment or your home could be considered constructive possession if law enforcement can prove that you knew about the drugs and had control over them.

What Are the Penalty Group Punishments for Controlled Substances?

Texas law categorizes controlled substances into several penalty groups. These groups determine the severity of the punishment based on the substance involved. The groups range from 1 to 4, with Group 1 having the most severe penalties.

1. Penalty Group 1: This includes drugs like cocaine, heroin, and methamphetamine. Possession of less than one gram can result in a state jail felony, with potential penalties of 180 days to 2 years in jail and fines up to $10,000. Larger amounts can lead to much harsher sentences, including life imprisonment.
2. Penalty Group 1A: This group mainly includes LSD. Possession of less than 20 units can result in a state jail felony. Larger quantities can lead to more severe penalties, similar to Group 1 substances.
3. Penalty Group 2: This includes drugs like MDMA (Ecstasy) and PCP. Penalties range from a state jail felony for small amounts to life imprisonment for larger quantities.
4. Penalty Group 2A: This group covers synthetic cannabinoids. Penalties mirror those of Group 2, depending on the amount possessed.
5. Penalty Group 3: Includes drugs like Ritalin and Xanax. Penalties range from a Class A misdemeanor to higher degrees of felonies based on the quantity.
6. Penalty Group 4: This group includes certain prescription medications containing small amounts of narcotics. Penalties range from a Class B misdemeanor to serious felony charges.

Factors influencing the severity of the punishment include the quantity of the substance and whether there was an intent to distribute. For example, possessing a small amount for personal use typically results in less severe penalties than larger amounts intended to be sold or given to others.

Legal Defenses Against Drug Possession Charges

Being charged with the possession of a controlled substance does not mean you are out of options. There are several legal defenses that can challenge the accusations: 

• Lack of knowledge: If you genuinely did not know the substance was in your possession, you might have a defense. This knowledge can provide hope in a difficult situation.
• The prescription defense: If you have a valid prescription for the controlled substance, you can use this as a defense. This is especially relevant for substances in Penalty Groups 3 and 4.
• Unlawful search and seizure: If law enforcement obtained the evidence through an illegal search, your attorney could argue to suppress this evidence. The Fourth Amendment protects you against unreasonable searches and forbids law enforcement from using any evidence obtained unlawfully against you.

A skilled drug defense attorney can evaluate your case, identify possible defenses, and craft a defense strategy tailored to your situation. Our team of experienced criminal defense attorneys in San Antonio know how to navigate the legal system and fight for your rights.

At Stephen T Bowling DWI & Criminal Defense Attorneys, we defend clients against drug possession charges in San Antonio. With years of experience and a commitment to achieving the best possible outcomes for our clients, we have helped numerous individuals avoid severe penalties and, in many cases, secure dismissals or reductions in the charges against them. If you or a loved one is facing possession charges in San Antonio, do not wait — we are here to help you understand your options and fight for your future, schedule a free consultation today.