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Counterfeit Substance

Texas Health and Safety Code § 481.002(7) defines a counterfeit substance as “a controlled substance that, without authorization, bears or is in a container or has a label that bears an actual or simulated trademark, trade name, or other identifying mark, imprint, number, or device of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.” 

Texas makes it a criminal offense to manufacture, possess, or deliver a counterfeit substance or any device that can be used to manufacture counterfeit substances. 

Additionally, Texas Health and Safety Code § 431.002(11) defines a counterfeit drug as “a drug, or the container or labeling of a drug, that, without authorization, bears the trademark, trade name or other identifying mark, imprint, or device of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug, and that falsely purports or is represented to be the product of, or to have been packed or distributed by, the other drug manufacturer, processor, packer, or distributor.” 

In short, even though counterfeit substances and drugs are not actual controlled substances, prohibited activities involving them can still carry severe criminal penalties.

Lawyer for Counterfeit Substance Arrests in Georgetown, TX

If you were arrested or believe that you could be under investigation for an alleged criminal offense involving a counterfeit substance or counterfeit drug, it is in your best interest to exercise your right to remain silent until you have legal representation. 

Law Office of Michael J. Price aggressively defends clients in communities throughout Williamson County and Bell County, such as Harker Heights, Hutto, Belton, Cedar Park, Georgetown, and many others. 

Georgetown criminal defense attorney Michael J. Price can fight to possibly get your criminal charges reduced or dismissed. He can review your case and answer all of your legal questions as soon as you call (512) 354-1880 to schedule a free, confidential consultation.


Texas Counterfeit Substance Information Center


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Counterfeit Substance Charges in Williamson County

A person commits a Class A misdemeanor fraud offense under Texas Health and Safety Code § 481.129(b) if he or she knowingly or intentionally: 

  • makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or 
  • manufactures, delivers, or possesses with intent to deliver a counterfeit substance. 

Texas Health and Safety Code § 481.128 also makes it a state jail felony for an individual to deliver or possess a counterfeit official prescription form. 

It is also a Class A misdemeanor under Texas Health and Safety Code § 431.021(l) for a person to: 

  • forge, counterfeit, simulate or falsely represent, or without proper authority use any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this chapter or the regulations promulgated under the provisions of the federal Act; 
  • make, sell, dispose of, or keep in possession, control, or custody, or conceal any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing on any drug or container or labeling thereof so as to render such drug a counterfeit drug; or 
  • do any act that causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug.

Texas Health and Safety Code § 431.021(q)(3) makes it a Class A misdemeanor for an alleged offender to make, sell, dispose of, cause to be made, sold, or disposed of, keep in possession, control, or custody, or conceal with intent to defraud any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing on any drug or container or labeling of any drug or container so as to render such drug a counterfeit drug. 

Under Texas Health and Safety Code § 431.021(jj), the receipt of a prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such a drug for payment or otherwise is also a Class A misdemeanor offense.


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Counterfeit Substance Penalties in Georgetown

When a person is charged with a Class A misdemeanor counterfeit substance or counterfeit drug offense, a conviction is punishable by up to one year in jail and a fine of up to $4,000. A state jail felony is punishable by up to two years in state jail and a fine of up to $10,000. 

Both Texas Health and Safety Code § 431.207(a)(5), Texas Health and Safety Code § 431.279(b)(1), and Texas Health and Safety Code § 431.414(a)(6) all establish that the Texas Department of Public Safety (TxDPS) can refuse an application for a license or may suspend or revoke a license if the applicant or licensee has violated Texas Health and Safety Code § 431.021(l)(3), relating to the counterfeiting of a drug or the sale or holding for sale of a counterfeit drug.

Additionally, Texas Health and Safety Code § 431.415(a)(1) states that TxDPS will issue an order requiring a person, including a manufacturer, distributor, or retailer of a prescription drug, to immediately cease distribution of the drug if the department determines there is a reasonable probability that a wholesale distributor has sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use that could cause serious adverse health consequences or death, and other procedures would result in unreasonable delay.


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Texas Counterfeit Substance Resources

Prescription Fraud Statutes | The National Alliance for Model State Drug Laws (NAMSDL) — NAMSDL identifies itself as “a resource for governors, state legislators, attorneys general, local prosecutors, drug and alcohol professionals, health professionals, community leaders, the recovering community and others striving for comprehensive and effective state drug and alcohol laws, policies, regulations and programs.” View a collection of state laws from around the nation that includes general fraud provisions as well as “doctor shopping” statutes. The guide includes listings from the Texas Health and Safety Code, Texas Occupations Code, and Texas Penal Code.

21 U.S.C. 802 | Drug Enforcement Administration (DEA) Diversion Control Division | Department of Justice — The DEA is the federal law enforcement agency responsible for combating drug smuggling and use within the United States. On this website, you can find the federal definition of a counterfeit substance. Crimes involving counterfeit substances are listed under 21 U.S. Code § 841 and 21 U.S. Code § 843.


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Find a Counterfeit Substance Defense Attorney in Georgetown, TX

Were you recently arrested for a counterfeit substance or counterfeit drug crime in Central Texas? Do not say anything to authorities without first contacting Law Office of Michael J. Price. 

Michael J. Price is an experienced criminal defense lawyer in Georgetown who represents individuals in Leander, Killeen, Temple, Taylor, Round Rock, and several other surrounding areas of Williamson County and Bell County.

Call (512) 354-1880 or submit an online contact form to have our attorney provide a complete evaluation of your case during a free initial consultation 



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