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 drug defense lawyer at the Wilder Law Firm today.
In Texas, there are only a limited number of individuals who may write prescriptions.
These individuals include:
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.
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.
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:
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:
If the pharmacist has been convicted of this crime in the past, the charge will be adjusted to a Class A misdemeanor.
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.