Prescription Drug Crimes

The regulations regarding controlled substances, including their classification, use, distribution, and penalties for violations, are outlined in the Texas Health and Safety Code, Chapter 481. The most common drug charges involving prescription drugs include the following:

• Possession of Illegal Prescription Drugs (Texas Health and Safety Code, Chapter 481, Section 481.115)
• Distribution of Illegal Prescriptions Drugs (Texas Health and Safety Code, Chapter 481, Section 481.112)
• Prescription Drug Fraud (Texas Penal Code, Section 32.51 and Texas Health and Safety Code, Section 481.129)

Note: Prescription medications are categorized as controlled substances.

Possession of Illegal Prescription Drugs in Texas

It is illegal to possess a controlled substance without a valid prescription. The penalties for possession of illegal prescription drugs depend on the type of drug and the quantity involved. These drugs are classified under penalty groups, each with its own set of penalties. The most common prescription drugs that are abused (such as opioids and benzodiazepines) fall under Penalty Group 1 or 3 and carry penalties ranging from one year to life in prison.

Distribution of Illegal Prescriptions Drugs

If an individual possesses a controlled substance with the intent to sell or distribute it, this is a more serious offense and carries harsher penalties. Offenses for the distribution of prescription drugs range from state jail felonies for small amounts to enhanced first-degree felonies for larger quantities, carrying sentences from 180 days to life imprisonment and fines up to $100,000. Prior convictions, drug-free zones, or involvement of minors can further increase the penalties.

Prescription Drug Fraud

Obtaining prescriptions through deception, such as using someone else’s name or falsifying a prescription, is a criminal offense. Depending on the drug involved and the circumstances, charges can range from a Class B misdemeanor, punishable by up to 180 days in jail and a $2,000 fine, to a second-degree felony, carrying up to 20 years in prison and fines of up to $10,000. Prior convictions or the involvement of dangerous drugs can lead to harsher sentences.

Prescription Drug Crime Defenses

A lack of knowledge is a possible defense in these cases. It is possible you were aware you were in possession of a controlled substance. For example, if you borrowed a friend’s car and, during a standard traffic stop, police found prescription drugs hidden under the seat.

Another common defense is improper search and seizure, which is an argument that evidence was obtained unlawfully, violating your constitutional rights.

Speak with a Prescription Drug Crime Lawyer Today

Our criminal defense legal team can help you organize a defense if you have been arrested. It’s important to remember that you have legal rights. Together, we can review the facts of your case and begin work to clear your name or lessen your charges. Contact our Texas criminal defense law firm today to get started.