With the rise of opioid and other prescription drug abuse in Texas, state law enforcement is cracking down on illegal prescription drug use and possession.
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Many prescription medications are classified as controlled substances under Texas’ drug laws. Don’t make the mistake of assuming that illegal use and possession of prescription drugs will not get you into the same kind of trouble as possession of substances like marijuana, cocaine or heroin. If you are found to be in possession of a prescription medication and don’t have a valid prescription or can’t prove you obtained the drugs through some other legal means, you could be arrested for possession of a controlled substance. If convicted, you could potentially face jail time, probation, hefty fines, court-appointed drug addiction treatment, and suspension of your driver’s license.
What penalties you face depends on the type of prescription drug, the amount of the drug in your possession at the time of the arrest, and whether you had a valid prescription or order from a doctor or other health care provider to use the drug at a prescribed dose. Most prescription medicines are classified as either penalty 1 group controlled substances or penalty group 3 controlled substances.
Penalty Group 1
Penalty Group 1 drugs consist of opioids like heroin, cocaine, methamphetamine, ketamine, LSD and other hallucinogens.
Prescription drugs included in the Penalty 1 group include Fentanyl (Duragesic), Hydrocodone (Vicodin), Oxycodone (OxyContin), Oxymorphone (Darvon), Hydromorphone (Dilaudid), Meperidine (Demerol), Diphenoxylate (Lomotil) and Codeine.
What you get charged with depends on how much of the substance you had in your possession at the time of arrest:
- Possession of less than one gram is a state jail felony and could get you up to 180 days of jail time and fines of up to $10,000.
- Possession of between one and four grams is a felony of the third degree and can get 2 to 10 years of jail time as well as fines of up to $10,000.
- Possession of between four and 200 grams is a felony of the second degree and can get you between 2 to 20 years in jail as well as fines of up to $10,000.
- Possession of between 200 and 400 grams is a felony of the first degree and could get you jail time of between 5 years and life, along with a fine not to exceed $10,000.
- Possession of 400 grams or more means a jail term of between ten years and life, with a fine not to exceed $100,000.
Penalty Group 3
Penalty Group 3 drugs include substances that have the potential for abuse due to their stimulant or depressant effect on the central nervous system.
Almost all the substances listed as Penalty Group 3 drugs are legally prescribed medications, They include Pentobarbital sodium (Nembutal), Diazepam (Valium), Alprazolam (Xanax), Zolpidem Tartrate (Ambien), Sertraline (Zoloft), Dextroamphetamine (Dexedrine), Methylphenidate (Ritalin and Concerta), and amphetamines (Adderall).
What you get charged with depends on how much of the substance you had in your possession at the time of arrest:
- Less than 28 grams is a Class A misdemeanor and could get you up to one year in jail and a $4,000 dollar fine.
- 28 grams to 200 grams is a felony of the third degree and can get 2 to 10 years of jail time as well as fines of up to $10,000.
- 200 grams or more but less than 400 grams is felony of the second degree and can get you between 2 to 20 years in jail as well as fines of up to $10,000.
- 400 grams or more means a jail term of between five years and life, with a fine not to exceed $50,000.
You could also be charged with committing prescription fraud if caught selling or trafficking prescription drugs.
Answers to Your Prescription Drug Arrest Questions
How Does My Prescription Drug Case Change if I’ve Been Charged With Intent to Distribute?
When someone is charged with dealing controlled substances in Texas, the penalties are more severe than when they are charged with simple possession for personal use. If convicted of possessing a controlled substance with the intent to distribute it, the sentence could be life imprisonment and fines of hundreds of thousands of dollars.
What’s more, the arresting officers don’t have to actually catch the individual in the act of distributing the drugs; they often make their decision based on circumstantial evidence found at the scene of the arrest.
What Can I Expect From My First Meeting With A Defense Attorney?
Your attorney will ask you a lot of questions about you and your case during your first meeting. It is important to provide basic information about yourself, such as your full name, contact information, education and employment history, family background, criminal record, and other background information. If necessary, you may also need to complete a written questionnaire. The questions may seem endless, but your attorney needs this information!
You’ll also have to bring important documents with you to your consultation. Important documents include arrest and bail paperwork, as well as written information regarding court dates. Having a list of possible witnesses can also be crucial to your defense.
Additionally, you should come with as many questions as possible. Your lawyer should be able to tell you more about his or her experience handling similar cases, their success rate, and their initial thoughts about your defense.
Do Arrests Stay on My Record Forever?
Your arrest record can stay with you for the rest of your life, unlike your credit report, which only goes back seven to ten years. College admissions, job applications, and mortgage applications can all be affected by this. Even renting an apartment is often subject to a background check. It is possible to clear your record in two ways, but they can be difficult without an experienced attorney on your side.
Expungement and orders of non-disclosure are the two options.
The process of expunging a record of an arrest is a civil action where the records can be completely sealed. You can legally claim that the arrest never occurred if you obtain an expungement.
A non-disclosure order does not completely erase your record, but it can prevent anyone other than government officials from learning about the arrest.
Speak with a Houston Prescription Drug Arrest Attorney
The sale, distribution and dispensing of prescription drugs in Texas is heavily regulated and there are serious consequences for those who choose to disobey the law. A person arrested for illegally manufacturing, marketing, distributing, selling or purchasing prescription drugs in Houston could face serious criminal charges.
Houston drug crime lawyer Lisa Shapiro Strauss defends clients throughout the Houston metro area who have been charged with a range of drug crimes, including cases involving prescription drugs, marijuana and other controlled substances. Depending on the circumstances in your case, we may be able to get you a deferred sentence, parole or even have the charges dismissed.
Don’t go to jail, pay a big fine or have your life ruined because of a conviction for a prescription drug possession charge in Houston. Call Lisa Shapiro Strauss at 713-449-9922 to arrange a consultation and learn what your legal defense options are.
