Criminal Defense Drug Offenses
Possession of a Dangerous Drug
Possession of a dangerous drug is charged under Texas Health & Safety Code § 483.041. A 'dangerous drug' is a prescription medication that requires a prescription under federal or state law but is possessed without a valid prescription. Common examples include Xanax, Valium, Adderall, testosterone, and many other prescription medications. While typically charged as a Class A misdemeanor, these charges can still result in jail time and a permanent criminal record. Todd Rash defends clients facing dangerous drug charges throughout North and Central Texas.
What Is a Dangerous Drug Under Texas Law?
Texas Health & Safety Code Chapter 483 defines dangerous drugs as substances that are not controlled substances but require a prescription for dispensing. This includes many common prescription medications. Possessing these drugs without a valid prescription, even if you obtained them legally at some point, is a criminal offense.
Penalties for Possession of a Dangerous Drug
Possession of a dangerous drug is a Class A misdemeanor, punishable by up to one year in county jail and a fine up to $4,000. Delivery or distribution of a dangerous drug is a more serious offense and can be charged as a felony depending on the circumstances.
Common Dangerous Drug Scenarios
Many dangerous drug cases arise from traffic stops where officers find prescription bottles without the defendant's name, or pills not in their original container. Others involve sharing prescription medications with friends or family. Even giving someone a single pill from your own valid prescription can result in a delivery charge.
Prescription as a Defense
Having a valid prescription for the medication is a complete defense to a dangerous drug possession charge. An attorney can help you obtain documentation of your prescription and present it to the prosecution. Even if you did not have the prescription with you at the time of arrest, a valid prescription can result in dismissal of the charges.
Potential Penalties
- › Possession: Class A misdemeanor up to 1 year jail, $4,000 fine
- › Delivery/distribution: Felony charges possible
- › Permanent criminal record if convicted
- › Potential professional license consequences
Possible Defenses
- › Valid prescription for the medication
- › Unlawful search and seizure
- › Lack of knowledge that the substance required a prescription
- › The substance was not a dangerous drug under Texas law
- › Constructive possession: the drugs were not yours
Frequently Asked Questions
Facing Possession of a Dangerous Drug charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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