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What are the most common defenses to drug possession?

On Behalf of | Oct 10, 2022 | Criminal Defense

A charge of drug possession in Texas could negatively change your life. However, there are certain common defenses that might help your case.

Illegal search and seizure

A common defense that often gets drug possession charges tossed out in court is that the police committed an illegal search and seizure. Police need to have reasonable suspicion to search your property. It doesn’t matter if the property is a home, vehicle or structure. They cannot just conduct a search without probable cause or your consent.


Entrapment is a common but challenging defense to prove. You can argue that this happened to you if an undercover officer forced you into committing a crime you wouldn’t have otherwise committed. For example, if you were pressured to buy drugs by an undercover cop, the entrapment defense might work.

The drugs aren’t yours

Another defense commonly used in drug possession cases is to acknowledge the presence of the drugs but to claim they aren’t yours. However, this defense can only be strong if you have concrete evidence to back up the claim and prove that the drugs belonged to a different person.

The drugs were planted on you

In some cases, arguing that the drugs were planted on you can be a valid defense. For example, you had a party at your house and someone who came over had drugs hidden on their person and deliberately left them in your bedroom closet. Again, sufficient proof of this would be needed in your case.

You didn’t have drugs

Sometimes, when police think a substance is a drug, it could turn out they were wrong. The “drugs” are something else that can be proved through crime lab analysis. For example, the police might believe you were in possession of cocaine, but testing determines that it’s only cornstarch.

These are the most common defenses to drug possession charges. One or more might work in your case.