Under Texas statutes, it’s illegal to use or possess any prescription medication or drug if you don’t have an official prescription. It’s likewise unlawful to get a prescription drug if you don’t have a prescription specifically made out to you by a licensed dispenser — like physicians.
Prescription Fraud Under Texas Law
The Texas Controlled Substances Act states that it’s illegal for any individual to intentionally obtain or possess controlled substances. This include having a high amount of controlled substances obtained through fraud, misrepresentation, subterfuge, or forgery through a counterfeit or false oral prescription.
It’s likewise unlawful to use a fake, suspended, or revoked license number — especially another person’s license number — for distributing, prescribing, or manufacturing controlled substances. You could also get in trouble for trying to issue prescriptions using a fake or forged signature.
The most commonly abused controlled substances and prescription drugs are alprazolam or Xanax, oxymorphone or Oxycontin, diazepam or Valium, Adderrall and other amphetamines, morphine, codeine, hydrocodone or Vicodin, and meperidine or Demerol.
How Prescription Fraud Punishment in Texas
The penalties for illegally possessing prescription drugs depend on the kind of drugs involved, as well as the amount. Legal professionals and criminal defense attorneys in Houston say that majority of these are classified under Penalty Group 1 that covers the harshest penalties.
Possession of less than a gram is a State Jail Felony, with a fine not exceeding $10,000 and jail time of between 180 days and two years. Possession of between one and four grams is considered a Third Degree Felony, with a fine no higher than $10,000, and prison time of 20 years max.
Possession of between four and 400 grams is a Second Degree Felony with a fine not more than $10,000, and 20 years imprisonment, while possessing more than 400 grams is a First Degree Felony that carries penalties such as a fine not exceeding $10,000 and up to life imprisonment.
If you’re currently facing a false drug possession charge in Texas, you must immediately get the help of an experienced criminal defense lawyer to prove that you’re not part of anything related to prescription fraud. Your lawyer will evaluate all evidence and allegations against you, and build your case to get your case dismissed or your charges reduced.