Can I Get My Drug Charge Dismissed in Texas?

 Posted on February 14, 2026 in Criminal Law

It is sometimes possible to get a drug charge dismissed in Texas. A dismissal usually depends on the strength of the evidence and whether your rights were respected during the investigation. If you are facing a charge, it is normal to feel anxious about what comes next.

According to FBI Uniform Crime Reporting data, Texas recorded nearly 100,000 arrests for drug-related violations in a recent reporting year. The good news is that not every arrest leads to a conviction. If you are dealing with a charge in 2026, it is important to understand your options early. Our Dallas, TX criminal defense lawyer helps people review their case carefully and understand whether dismissal may be possible.

What Does a Drug Charge Mean Under Texas Law?

In Texas, drug possession offenses are commonly handled under the Texas Controlled Substances Act. Among the most common offenses is possession, governed by Texas Health and Safety Code § 481.115 to § 481.118. To convict you, prosecutors must prove that you knowingly possessed a controlled substance. This means they must show you were aware of the substance and had control over it.

How serious the charge is often comes down to the type of drug and the amount involved. Even small quantities can result in tough penalties. That said, the state is responsible for proving the allegations.

When Can a Drug Charge Be Dismissed in Texas?

A drug charge may be dismissed when prosecutors do not have enough reliable evidence or when law enforcement made legal mistakes. While every case is different, certain problems often weaken the state’s case.

Illegal Search or Seizure

The Fourth Amendment protects you from unreasonable searches. If officers searched your car, home, or belongings without proper legal authority, the court may exclude the evidence. If key evidence cannot be used, the charge may be dismissed.

Lack of Possession

Prosecutors must prove the drugs were actually yours. If they were found in a shared space, such as a car with passengers or a home with roommates, that can create doubt. Simply being near drugs does not always prove possession.

Lab Testing Problems

The substance must be properly tested and confirmed. Errors in lab procedures or unclear results can raise questions about whether the material was truly illegal.

Chain of Custody Issues

Police must carefully document how evidence was collected, stored, and tested. If there are gaps or mistakes in that process, it can weaken the case.

Diversion or Pretrial Programs

Some people may qualify for pretrial diversion, especially if this is a first offense. If you complete the required program, the charge may be dismissed. Diversion is not available in every case, but it can offer a second chance in the right situation.

What Defenses Can Be Raised in a Texas Drug Case?

Even if dismissal does not happen right away, strong defenses can still reduce or challenge the charge.

Common defenses may include:

• Challenging the legality of the stop or arrest
• Arguing that the drugs did not belong to you
• Showing you did not know the substance was present
• Questioning the accuracy of testing results
• Disputing the amount or classification of the drug

Every case has unique facts. A careful review of reports, video footage, and forensic results often reveals details that can make a difference.

How Can Intent Impact a Texas Drug Case?

Some cases involve allegations of intent to distribute instead of simple possession. Prosecutors may point to large amounts, packaging materials, or cash as evidence of intent.

However, possession alone does not automatically prove intent to distribute. The state must show more than suspicion. Challenging these assumptions can sometimes reduce more serious charges.

Contact Our Tarrant County, TX Drug Crimes Defense Attorney Today

Being charged with a drug offense can be life-changing. You may worry about your record, your job, or your future. At Law Office of Michelle Poblenz, we take your concerns into consideration and approach every case with care and focus.

Attorney Poblenz is a former prosecutor for the Dallas County District Attorney’s Office and brings more than 25 years of legal experience to each case. That background provides insight into how prosecutors build their cases and how to challenge them effectively.

If you are facing a drug charge, call 469-845-3031 to schedule a confidential consultation with our Dallas, TX criminal defense lawyer and learn about your options.