Prescription Drugs Drug Charge in Texas

It's now common knowledge in the legal world that the number of Americans who abuse medically prescribed controlled substances has surpassed 15 million. Thanks to this heightened awareness, law enforcement, and legislators have taken to an increased seriousness in addressing this national epidemic. Texas law outlines more than a dozen charges that are related to prescription drug abuse. If you are currently facing prescription drug charges in Texas, review our helpful guide, and reach out to an experienced Texas prescription drug crime defense attorney. 

The Two Elements of Prescription Drug Crimes in Texas

Texas prescription drug crimes can be classified in typically one of two ways: either you are in unlawful possession of prescription drugs, or you have committed an act in order to illegally obtain them. 

Charges Relating to Unlawful Prescription Drug Possession

The following charges all pertain to some factor of the unlawful movement or possession of prescription drugs:

  • Possession of an invalid prescription form

  • Possessing, Distributing, or making something designed to reproduce a counterfeit substance

  • Use of an invalid registration number in the manufacturing, prescription, or distribution of a controlled substance 

  • Diversion of a controlled substance to unlawful use of another

  • Offenses of commercial registrant

  • Distribution of Schedule I or II substance without the required order form 

Charges Relating to Illegally Obtaining Prescription Drugs

Fraud is the most typical charge relating to illegally obtaining prescription drugs in Texas. Forgery, misrepresentation, deception, and more all involve some type of fraud or another which can be committed by any party involved in the process of illegally obtaining prescription drugs. These offenses are detailed here: 

  • Issuing a forged prescription

  • Use of a Schedule II prescription issued to another person

  • Delivery of a prescription or a prescription form for an invalid purpose

  • Unauthorized disclosure of prescription information

  • Furnishing false information in required documentation

  • Attempting to or obtaining a controlled substance by misrepresentation or fraudulent prescription

  • Attempting to or obtaining a controlled substance from a doctor is not medically necessary 

Penalty Groups Designated by the Texas Controlled Substances Act

There are four different penalty groups according to the Texas Controlled Substances Act that each prescription drug, along with other controlled substances, belongs to. These four groups help to determine the appropriate penalties for violating the laws surrounding each substance. 

Penalties Vary Depending on Group and Weight of Substance

Penalties will depend on how much of an illegal prescription drug has been found in your possession in addition to the type of classification that it falls under. The actual degree of the crime itself you’re charged with will vary depending on the substance's weight. Law enforcement does not estimate or measure the amount of a pure substance. The entire weight of even a blended product that has been confiscated is taken into consideration. After the substance’s weight and penalty group have been evaluated is when official charges are filed. Keep in mind that practically every scenario will be a felony charge. 

Don’t Face a Texas Prescription Drug Crime Charge By Yourself

Depending on the special circumstances surrounding your individual case, there are Texas drug crime defense strategies that can be implemented in order to keep you from spending the rest of your life paying for a single mistake. Getting convicted on a prescription drug crime charge can put you behind bars for potentially the rest of your life. Chris Denuna is an experienced Texas prescription drug crimes defense attorney that’s ready to stand by your side to make sure that your rights are protected. Reach out to Denuna Law today with questions about your case to see how we can help you! 

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