Managing Attorney
In Texas, being charged with drug possession doesn’t necessarily mean the drugs were actually yours. Unfortunately, many people are arrested simply because they were in the wrong place at the wrong time—like riding in a car or staying in a house where drugs were found. Police often assume everyone present must be guilty, but under Texas law, that’s not enough. To convict someone of possession, the State must prove more than mere presence—it must show that the person knowingly and intentionally possessed the drugs.
Understanding this distinction is critical to fighting a drug possession charge in Houston. With the right legal strategy, many of these cases can be dismissed or reduced—especially when the State’s evidence of actual or constructive possession is weak.
Why Hire Ceja Law Firm?
Jose Ceja is a former drug prosecutor and Board Certified in Criminal Law by the Texas Board of Legal Specialization—a distinction earned by fewer than 5% of Texas attorneys. At Ceja Law Firm, he uses that experience to aggressively defend clients facing drug possession charges across the Houston area. Whether the substance is marijuana, cocaine, methamphetamine, or ecstasy, Ceja Law Firm understands how to challenge the State’s assumptions and force prosecutors to prove every element of the case.
What Is “Possession” Under Texas Law?
Under Texas Health & Safety Code §481.002(38), possession means “actual care, custody, control, or management” of a controlled substance. This definition is broad and can include two major types of cases:
- Actual possession: the drugs are on your person or in something you’re directly holding, like a backpack.
- Constructive possession: the drugs are nearby (in a car, house, or shared space), but prosecutors argue that you had control over them.
To prove constructive possession, the State must offer affirmative links—factors that connect the accused to the drugs beyond mere proximity.
Common Scenarios Where Drugs Aren’t Yours
Let’s look at how this plays out with different substances in everyday situations:
1. Cocaine in a Friend’s Car
You’re a passenger in your friend’s car when police pull it over. During a search, they find a small bag of cocaine under the driver’s seat. The driver doesn’t claim ownership, and everyone is arrested.
In this scenario, merely sitting in the car isn’t enough. The prosecution must prove you knew the cocaine was there and that you had the ability to control it. If you didn’t make any incriminating statements or handle the drugs, and your fingerprints aren’t on the bag, these are strong arguments that you were not in possession.
2. Ecstasy Found in a Shared Apartment
You’re staying at a friend’s apartment for a few days. Police execute a search warrant and find ecstasy pills in a bathroom cabinet. Your name isn’t on the lease, and none of your belongings are near the drugs.
In a shared space, police often try to pin the drugs on everyone present. But the State must prove you had control or management over the ecstasy. If the pills weren’t in your room, weren’t visible, and weren’t tied to you through testimony or forensic evidence, the case may lack the affirmative links needed to convict (this is also a good illustration of why it is never a good idea to talk to the police – by talking to the police in this example you may be making a case against you possible).
3. Marijuana Smell in a Parked Car
You’re sitting in a parked car with three friends in a Houston parking lot. An officer walks up, says he smells marijuana, and finds a joint under the passenger seat where someone else was sitting earlier.
Even with the odor of marijuana, the State must prove you had actual or constructive possession of the joint. Odor alone does not prove ownership. If the joint was out of your reach, and no statements were made, your lawyer can challenge the sufficiency of the evidence.
4. Methamphetamine in a Hotel Room
You meet someone at a Houston motel and stay the night. The next morning, police show up with a warrant and find methamphetamine in the nightstand. Both you and your acquaintance are arrested.
The State might claim both occupants had equal access. But unless there are strong ties—like your belongings stored with the meth or your fingerprints on the packaging—the case may come down to guilt by association, which isn’t enough. A skilled attorney can argue the drugs belonged to the other guest, especially if they rented the room.
How an Experienced Drug Possession Lawyer Can Help
Fighting a drug possession charge is all about challenging the links. A good criminal defense attorney will review the evidence for:
- Lack of fingerprints or DNA on drug packaging
- No admissions or statements tying the client to the drugs
- Evidence the area was not under the client’s exclusive control
- Witness statements contradicting the officer’s assumptions
In some cases, a motion to suppress may also be filed if the search was illegal. If drugs were found after an unlawful traffic stop or without a warrant, they may be excluded under Texas Code of Criminal Procedure Art. 38.23 or the United States Constitution, which can lead to a full dismissal.
Final Thoughts
Just because drugs were found nearby doesn’t mean you’re guilty of possession. Prosecutors often rely on assumptions instead of evidence. Ceja Law Firm fights back with a clear, strategic defense—aiming to get charges dismissed or reduced wherever possible.
If you or a loved one has been charged with drug possession in Houston and the drugs weren’t yours, don’t leave your future to chance. Contact Ceja Law Firm today for a free consultation.
