Here in Longview, Texas, possessing or misusing prescription medications can be quite serious and can indeed lead to criminal charges. Consulting a drug crime attorney should be your first move if you’re facing these charges.
How Having Prescription Drugs Can Lead to Criminal Charges in Longview, Texas
You might assume that because a medication has a doctor’s approval, there’s minimal risk in using it wrongly, and Texas law does draw a sharp distinction between controlled substances (i.e., those you can’t access without a prescription) and dangerous drugs (those you can’t have at all). However, there are penalties for unauthorized possession or use of either.
Controlled Substances
Controlled substances, as outlined in the Texas Controlled Substances Act, fall into schedules based on their potential for abuse and medical value. Even having small amounts of some of these substances without a valid prescription in your name can trigger felony charges. With others that are considered less dangerous, you could still face misdemeanor charges, fines, and potentially even jail time.
Possession Without a Valid Prescription
When you have or use prescription drugs that aren’t explicitly yours, the penalties will depend on the drug’s schedule and how much you have. For controlled substances in Penalty Group 1, such as hydrocodone, possessing less than one gram is a state jail felony, and having larger amounts pushes your penalties toward first-degree felonies, with sentences ranging from five years to life in prison.
Prosecutors will also consider if there are any aggravating factors, such as whether the drugs were found in proximity to children or in quantities suggesting more than just personal use. This could elevate the charges against you and complicate your defense strategy.
Forging or Altering Prescriptions
If you attempt to modify a prescription to get more medication or use someone else’s details, which is considered forgery, that can turn what would otherwise be a misdemeanor into a felony quite easily.
A lot will depend on the substance involved and your prior record. Under the Dangerous Drug Act, forging a prescription for non-controlled items starts as a Class B misdemeanor, but if you’ve been convicted before, it becomes a Class A misdemeanor.
Driving Under the Influence of Prescription Medications
Even with a legitimate prescription, you can’t operate a vehicle while impaired and can face DWI charges even if you have a prescription and are using the medication according to a doctor’s orders. “Intoxication” under the law includes being under the influence of any substance, controlled or otherwise, that affects your mental or physical capabilities.
It will help your defense, all things considered, if you can show you were following the dosage instructions and were not warned by your doctor or pharmacist not to drive while taking it, but you will still want the help of a lawyer in your defense.
Get Help From a Drug Crime Attorney
Texas laws on prescription drugs are strict, and if you’re being charged, you need to talk to a lawyer as soon as possible. Reach out to Ryan R. Hill, Attorney at Law now. We have over 25 years of experience aggressively defending clients in Texas against criminal charges.
