AGGRESSIVE, INNOVATIVE & PERSONALIZED DEFENSE Serving Clients in Collin, Dallas, Denton, Tarrant Counties and All of North Texas

Texas Drug Defense Lawyer

Helping You Navigate Confusing Laws Surrounding Prescription Drugs

In recent years, offenses associated with prescription drugs have increased in Texas. The state has been working to decrease these cases by implementing stricter laws and through the creation of monitoring programs. By limiting the availability of prescribing physicians, Texas can better monitor when abuse occurs. If you are facing the consequences of a prescription drug offense, contact the Plano criminal defense lawyer at the Wilder Law Firm today.

Schedule your free consultation with our firm now by calling (214) 855-7737 or contacting us online. We serve clients in Collin, Dallas, and Tarrant counties.

General Understanding about Prescription Drugs in Texas

In Texas, there are only a limited number of individuals who may write prescriptions.

These individuals include:

  • Doctors
  • Dentists
  • Podiatrists
  • Veterinarians
  • Other medical professionals who may prescribe certain drugs in limited circumstances

State law holds that the Texas Board of Health may hold public hearings regarding whether there is any compelling evidence which finds that a dangerous drug has been abused. This abuse may be completed through a prescription that is written for a non-therapeutic purpose or by the subsequent user.

When this finding has been made by the Board, it may limit the drug’s availability by allowing its dispensing by only a certain class of practitioner. A similar policy is in place for drugs determined to be an immediate danger to public health. The commissioner of health has the power to generally limit the availability of this dangerous drug.

What Must a Pharmacist Do to Obey the Laws?

A pharmacist is expected to determine whether a prescription written for a dangerous drug is truly a valid prescription. A pharmacist may not dispense a dangerous drug if she knows or should have known that the prescription was issued without a valid patient-practitioner relationship.

What Are the Potential Charges for Prescription Drug Crimes in Texas?

According to Texas state law, an individual commits an offense by possessing a dangerous drug unless it was obtained through a pharmacist who has acted in a lawful manner. Furthermore, if the individual has possession of the dangerous drug with an intent to sell, it will usually result in a Class A misdemeanor.

An individual will likely face a State Jail felony charge if they deliver or offer delivery of a dangerous drug. To get a conviction, the prosecution must show proof that there was an offer to sell a dangerous drug and that it was corroborated by a person other than the offeree or by evidence other than a statement of the offeree.

If an unauthorized individual manufactures a dangerous drug, he will most likely be charged with a State Jail felony.

In addition, an offense has been committed when an individual:

  • Forges a prescription or increases the prescribed quantity
  • Issues a prescription with a false signature
  • Attempts to obtain a dangerous drug with a false prescription
  • Obtains or attempts to obtain a dangerous drug through a fraudulent phone call
  • Possesses a dangerous drug obtained through a fraudulent phone call

Generally, these offenses will result in the individual being charged with a Class B misdemeanor. However, if the individual has been previously convicted of this type of offense, he will be charged with a Class A misdemeanor.

Also, a pharmacist will be charged with a Class B misdemeanor if they:

  • Deliver a dangerous drug under a prescription
  • Fail to retain the prescription as required by law

If the pharmacist has been convicted of this crime in the past, the charge will be adjusted to a Class A misdemeanor.

Do You Need an Attorney?

Charges associated with prescription drugs are serious and can result in severe penalties. It is in your best interest to work with an experienced attorney who will help you with your case.

Call the Wilder Law Firm now by dialing (214) 855-7737.

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    Notification of all Court settings and updates in writing, as well as assistance preparing for your DWI court appearance.


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