If you've been arrested for drug possession, it is crucial that you understand your rights and understand what you can do to defend yourself. The Texas Controlled Substances Act states that prosecutors must "prove beyond a reasonable doubt that the defendant knowingly possessed or had control over a controlled drug." Regarding prescription drugs, a defendant must not have a valid prescription or order from his or her doctor for the drugs for medical purposes.
If you can prove that you did not knowingly possess the controlled substance, that may be grounds for a not-guilty verdict. Examples of this type of situation include someone planting drugs at your home or vehicle, or when a friend or acquaintance leaves the drugs at your home without your knowledge. Another defense is when the drug is a substance not intended for human consumption, or a drug under approval for application and approved for investigation from the federal Food, Drug and Cosmetic Act.