Being near marijuana or other controlled substances may give an officer probable cause to arrest you, but the government will need evidence that establishes beyond a reasonable doubt that you were intentionally or knowingly in possession of the substance.
There are a wide range of substances criminalized by the Texas Controlled Substances Act. The government has classified all of these substance into penalty groups. The severity of the penalty you face for possessing or delivering one of these substances is typically decided by two factors, how the substance is classified (i.e. the penalty group) and how much of the substance you are accused of possessing or delivering.
Often, persons arrested for these offenses are in the wrong place at the wrong time. Law enforcement may decide to arrest every occupant of a motor vehicle because there is a small amount of a controlled substance in the vehicle. Being near marijuana or cocaine may give an officer probable cause to arrest you, but the government will need evidence that establishes that you were knowingly in possession of the substance. If you have been arrested for one of these offenses, contact Edward at 361-489-3414 for a free consultation.