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Drug Crimes

Drug Crimes

Illegal Possession of Prescription Drugs

Prescription drugs are made to be prescription-only for a reason: they are helpful when it comes to the medical field, but are also high-risk and have a high potential for abuse. Unfortunately, potential for abuse is also the reason why illegal possession of prescription drugs is on the rise in Central Texas. Patients get hooked while on the drug and the need for it then continues long after their prescription is gone.

This rising trend in abuse of prescription drugs has led law enforcement to passionately pursue cases in this area. An experienced Williamson County drug crime lawyer will help defend your rights and fight for a favorable outcome if you have become the latest Georgetown area arrest for illegal possession of prescription drugs.

Georgetown Illegal Prescription Drug Possession Lawyer

A conviction for a serious offense like illegal possession of prescription drugs comes with serious, potentially life-long penalties. If you have been arrested and charged with illegal prescription drug possession anywhere in the Williamson County or Bell County area, contact qualified criminal defense lawyer Michael J. Price.

With decades of combined experience fighting to protect the rights of citizens like you while moving for the desired favorable outcomes, Law Office of Michael J. Price P.C. will do whatever it takes to defend your future and your freedom against a Georgetown illegal possession of prescription drug conviction. To see what Law Office of Michael J. Price P.C. can do for your illegal prescription drug charges in the Williamson County area, call (512) 354-1880 today to schedule your free consultation.


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Williamson County Illegal Prescription Drug Possession and Texas Drug Laws

With respect to the federal drug schedules regarding medical use, the Texas Controlled Substances Act, or Chapter 481 of the Texas Health and Safety Code, sets forth drug penalty groups only to designate penalties Texas deems appropriate for the abuse of  each prescription drug or other controlled substance that it lists. If the substance in these penalty groups has a medical use, it is only legal to possess such a substance with a valid prescription from an appropriate prescribing party.

Without a prescription, possession of prescription drugs that are controlled substances in this act is illegal in the state of Texas. The possession of a prescription drug includes having it on your actual person, such as in your pocket or purse, as well as being in the drug's general vicinity, knowing it's illegal, and having the ability and the intent to take actual possession.

How illegal possession of a prescription drug is penalized depends on the penalty group it's in, as well as its weight. When considering weight, the entire weight of the substance, including any additives or mixtures, will be measured as opposed to the pure substance by itself. With the stringent penalties and complicated variations involved in an illegal prescription drug possession charge in Williamson County, it is important to consider the services of an experienced criminal defense lawyer to guide your case through the process with proper defense strategy.


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Illegal Possession of Penalty Group 1 and Penalty Group 2 Prescription Drugs

The list of substances in Penalty Group 1 and Penalty Group 2 that can be obtained through prescription is extensive. This is where many opiates used for pain can be found, as well as stimulants used for mental health conditions like ADHD.

Penalty Group 1 prescription drugs that are commonly abused in the Williamson County and Clay County area include Hydrocodone – known as Vicodin, Lortab, and Lorcet; Hydrocodone and Chlorpheniramine – known as Tussionex; Hydromorphone Hydrochloride – known as Dilaudid; Oxycodone – known as OxyContin, Percocet, Percodan, and Tylox; and any form of morphine or codeine that is not a mixture or combination covered in the third and fourth penalty groups. Amphetamine and Dextroamphetamine, known as Adderall, is the most commonly abused Penalty Group 2 prescription drug in Central Texas.

Illegal prescription drug possession charges for controlled substances listed in Penalty Group 1 and Penalty Group 2 is always a felony. The degree of the felony depends on the amount of the prescription drug that is illegally possessed. The felonies for illegal prescription drug possession in Williamson County and their related amounts and penalties are as follows:

State Jail Felony Illegal Prescription Drug Possession

  • Less than one gram of a Penalty Group 1 Substance
  • Less than one gram of a Penalty Group 2 Substance
  • 180 days – 2 years of jail time
  • Maximum $10,000 fine

Third-Degree Felony Illegal Prescription Drug Possession

  • 1-4 grams of a Penalty Group 1 Substance
  • 1-4 grams of a Penalty Group 2 Substance
  • 2-10 years of prison time
  • Maximum $10,000 fine

Second-Degree Felony Illegal Prescription Drug Possession

  • 4-200 grams of a Penalty Group 1 Substance
  • 4-400 grams of a Penalty Group 2 Substance
  • 2-20 years of prison time
  • Maximum $10,000 fine

First-Degree Felony Illegal Prescription Drug Possession

  • 400 grams or more of a Penalty Group 2 Substance
    • 5-99 years in prison
    • Maximum $50,000 fine
  • 200-400 grams of a Penalty Group 1 Substance
    • 5-99 years in prison
    • Maximum $10,000 fine
  • 400 grams or more of a Penalty Group 1 Substance
    • 10-99 years in prison
    • Maximum $100,000 fine

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Illegal Possession of Penalty Group 3 and Penalty Group 4 Prescription Drugs

Penalty Group 3 and Penalty Group 4 is where classifying substances gets complicated. Some of the prescription drugs in these groups have Penalty Group 1 substances in them, but combined with other drugs in fractional amounts. For instance, these penalty groups specify exactly how low the amount of drugs like morphine, codeine, Oxycodone, hydrocodone, and hydrocodone/chlorpheniramine must be in comparison to the entire dosage of the whole drug. Prescription cough syrup, for example, may be considered either a Penalty Group 3 or Penalty Group 4 drug depending on what fractional amount of codeine is present.

The prescription drugs in the Penalty 3 Group most commonly abused in the Williamson County area include diazepam – known as Valium; alprazolam – known as Xanax; and methylphenidate, known as Ritalin. The Penalty Group 4 prescription substance that is not a mixture and is commonly abused in the Georgetown-Round Rock area is Carisoprodol, known as Soma. Prescription medication that includes fractional amounts of Oxycodone, hydrocodone, codeine, morphine, or their salts or compounds is also commonly abused. Illegal possession of a prescription drug in Penalty Group 3 or 4 is a misdemeanor or felony, depending on the amount. It is advised you consult and experienced drug crime defense lawyer if you face any of the following:

Class A Misdemeanor Illegal Prescription Drug Possession

  • Less than 28 grams of a Penalty Group 3 Substance
    • Up to a year in jail
    • Maximum $4,000 fine
  • Less than 28 grams of a Penalty Group 4 Substance
    • Up to 180 days in jail
    • Maximum $2,000 fine

Third-Degree Felony Illegal Prescription Drug Possession

  • 28-200 grams of a Penalty Group 3 Substance
  • 28-200 grams of a Penalty Group 4 Substance
  • 2-10 years in prison
  • Maximum $10,000 fine

Second-Degree Felony Illegal Prescription Drug Possession

  • 200-400 grams of a Penalty Group 3 Substance
  • 200-400 grams of a Penalty Group 4 Substance
  • 2-20 years in prison
  • Maximum $10,000 fine

First-Degree Felony Illegal Prescription Drug Possession

  • 400 grams or more of a Penalty Group 3 Substance
  • 400 grams or more of a Penalty Group 4 Substance
  • 5-99 years in prison
  • Maximum $50,000 fine

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Law Office of Michael J. Price P.C. | Williamson County Defense Attorney for Illegal Possession of Prescription Drugs

If you have been charged with illegal possession of prescription drugs in Round Rock, Cedar Park, Georgetown, Leander, Taylor, Hutto, Killeen, Temple, Belton, or Harker Heights, contact Law Office of Michael J. Price P.C..

Georgetown criminal defense lawyer Michael J. Price will work with you to build a customized, comprehensive defense for your illegal prescription drug charge that fights for the favorable outcome you desire. Your first consultation is free, so call (512) 354-1880 today.


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