Patients can get hooked on a drug long after the need for it, and their prescription for it, is gone. If you have been arrested for illegal possession of prescription drugs in Waco or McLennan County, an experienced Waco drug crime lawyer can help defend your rights.
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 McLennan County area, contact Thomas West.
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.
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 McLennan 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 McLennan County.
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 McLennan 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
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 McLennan 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 Waco-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
If you were arrested for illegal possession of prescription drugs in Waco, you need an aggressive, experienced drug attorney on your side. Talk to a criminal defense lawyer before talking to anyone else. Since 1925, Central Texans have selected us in their most challenging times. We are honored to represent them. Let us help you too. We have the results, skill, and experience to get the job done right. Call us for a free case evaluation at 254-753-6437.
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