Possession is typically defined as having “actual care, custody, control, or management” of some illicit contraband. Note that “ownership” is not included in this definition. In other words, someone need not own something in order to possess it. A simple example helps explain the point. Suppose several college buddies (all under 21 years of age) go out for a night on the town. One person brings along a six pack of Bud Light which they purchased earlier in the evening. (a separate offense, by the way) Each person has a beer and finishes by throwing their empty cans on to the backseat floorboard. A traffic stop then occurs where the police seen the unopened cans of beer in the front seat. Although the one friend owned the beer, each person in the car could potentially be charged with possessing the alcoholic beverages.

Marijuana Possession Charges
Criminal defense lawyers often deal with marijuana possession issues in their law practices. The most common drug-related charge brought against folks in Bryan-College Station involves small amounts of marijuana. The question I hear most from clients concerns the difference between possession and ownership as it relates to the Brazos County charges brought against them. Texas criminal law prohibits more than ownership of marijuana. Rather, possession is the key issue. Or should I say “knowing” possession is the most common hook upon which the defense lawyer hangs their hat. Let’s look first at how possession is defined.