Drug Possession as a Minor: What You Should Know

Special drug possession rules apply to minor defendants.

Drug possession is a serious offense at any age. If the defendant is under 18, some special rules apply that, in many respects, make these offenses even more serious. Although under-18 drug possession cases are almost always juvenile justice matters, drug possession under 18 in Texas can still lead to severe legal consequences. Parents and teens alike should understand how these laws work and what penalties may apply.

A Ft. Worth criminal defense attorney reduces or eliminates these criminal penalties for defendants of all ages. Most drug possession cases settle out of court. These agreed resolutions usually include reduced charges and/or lighter sentences. However, a good lawyer isn’t satisfied with anything less than the best possible resolution under the circumstances. So, a Ft. Worth criminal defense lawyer might also aggressively challenge the state’s evidence at trial.

What is Considered Drug Possession in Texas?

In Texas, drug possession means knowingly or intentionally having control over an illegal substance. So, drug possession charges could hold up in court even if a minor isn’t holding the drugs. If officers find drugs in a backpack, locker, car, or room, prosecutors may later argue that the person controlled and knew about the substance. More on that below.

The Texas Controlled Substances Act, which controls most drug possession cases in Texas, divides drugs into several penalty groups based on their potential for abuse and medical use. Common examples include:

• Penalty Group 1: cocaine, heroin, methamphetamine,
• Penalty Group 1-A: LSD,
• Penalty Group 2: MDMA (ecstasy), PCP,
• Penalty Group 3: prescription medications like Xanax without a valid prescription, and
• Penalty Group 4: narcotic compounds with limited amounts of certain drugs.

Although penalties decline from penalty group one to four, possessing any of these substances without legal authorization can result in charges.

How Juvenile Drug Cases Work in Texas

When someone under 18 is accused of drug possession, the case is usually handled in the juvenile justice system rather than adult court. Juvenile cases primarily focus on rehabilitation as opposed to punishment. However, a juvenile drug possession conviction is not a “slap on the wrist.” Possible outcomes for juveniles include:

• Juvenile probation,
• Mandatory drug counseling or rehabilitation programs,
• Community service,
• Placement in a juvenile detention facility
• Drivers’ license suspension or ineligibility, and
• Enrollment in diversion programs.

Although the goal is rehabilitation, penalties can still significantly impact a young person’s life, as well as the lives of the defendant’s family.

Marijuana Possession Under 18 in Texas

Marijuana laws are slightly different from other controlled substances, under the Texas Health and Safety Code. For minors, marijuana possession may result in:

• Juvenile probation,
• Drug education programs,
• Community service, and
• Court supervision.

While some counties offer diversion or first-offender programs, marijuana possession is still illegal for minors in Texas.

School Consequences for Minors

In addition to legal penalties, students caught with drugs may face disciplinary action at school. Many school districts in Texas enforce strict drug policies. Possible school consequences include:

• Suspension,
• Expulsion,
• Placement in an alternative education program, and
• Loss of extracurricular privileges.

These school penalties, which are technically civil proceedings, can affect a student’s academic progress and future opportunities.

On a related note, these convictions have other long-term collateral effects as well. These consequences include employment difficulties, college admission and scholarship issues, and a criminal record.

Every drug possession case is different, but procedural and/or substantive defenses are available. Physical evidence, including drugs, is only admissible in court if officers fully complied with the requirements of the Fourth Amendment. Furthermore, in court, the state must establish all three elements of criminal possession (close proximity, actual knowledge, and exclusive control) beyond any reasonable doubt.

Connect With a Dedicated Tarrant County Attorney

Drug possession has serious consequences for defendants of any age. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.