Is it an offence to possess a controlled substance while in a correctional facility?

Texas has a similar statute to California that makes it an offense to possess a controlled substance while in a correctional facility. In Woodard v. State (Tex. App. 2011) 355 S.W.3d 102, the appellate court considered whether the defendant was in possession of cocaine while in the jail. (Id. at p. 104.) The defendant was arrested at her home and of her own accord brought her purse, which contained cocaine. (Id. at p. 108.) Because the defendant was handcuffed when she was brought into the jail, the officer had to carry her purse in and was thereafter going to transfer it to jail staff. (Id. at p. 105.)

On these facts, the court concluded as follows: "Although [the trial court] could have rationally determined that appellant knew about the cocaine in her purse that came with her when she was arrested and placed in the patrol car, we conclude, viewing the evidence in the light most favorable to the verdict, that the jury could not have rationally determined beyond a reasonable doubt that appellant exercised care, custody, control, or management over the cocaine in the purse during the period of time when she was in the booking area of the Waller County Jail." (Woodard v. State, supra, 355 S.W.3d at p. 111.)