As we noted yesterday, the Penal Code and Texas Health and Safety Code divide controlled substances into several different categories. It also divides the offenses into the drug offenses into whether a person possesses the drug or delivers the drug.
In Texas, possession is defined as actual care, custody, control, or management of the drug. In order for a person to be found guilty of possession of a controlled substance, a person must be conscious of his connection with the controlled substance. In addition, the person must know what the substance is. Thus, the State must prove that the defendant exercised actual care, controle, or custody over the substance, the defendant was conscious of his or her connection with the drug, and knew what the drug was.
The Courts have come up with a list of factors that are used by courts to establish and “affirmative link” between the drugs and the defendant. We will explore that issue tomorrow.