"Possession" vs. "Ownership" of a Controlled Substance/Marijuana in Texas

One of the most often heard statements from someone charge with possession of a controlled substance or marijuana in Texas is that it "wasn't mine." This post will explain what "possession" means in the context of being charged with possession of a controlled substance or marijuana in Texas.

In Texas, to be convicted with Possession of a Controlled Substance, a prosecutor must be able to prove beyond a reasonable doubt: a person commits an offense if the person knowingly or intentionally possesses a controlled substance as indicated in Texas Health and Safety Code Chapter 481, unless the person obtained the substance directly from or under a valid prescription or order of a practitioner acting in the course of professional practice.

In Texas, to be convicted with Possession of Marijuana, a prosecutor must be able to prove beyond a reasonable doubt:  a person commits an offense if the person knowingly or intentionally possesses a usable quantity of marihuana. 

"Possession" means actual care, custody, control, or management. If you will notice, no where in that definition does it contain the word "owner" or "ownership." For purposes of Possession of a Controlled Substance or Marijuana in Texas, ownership is not one of the elements that a prosecutor must prove, only "possession" which means actual care, custody, control, or management. So, if you find yourself charged with possession of a controlled substance or marijuana try not to focus so much on who the substance belonged to but can the prosecutor prove beyond a reasonable doubt that the substance was in your actual care, custody, control, or management. Or, in other words, in your possession.