The Texas Controlled Substances Act sets forth the legal definitions, restrictions, and allowances for the use of controlled drugs within the State of Texas. Controlled substances are defined as being readily misused because of their addictive qualities. In fact, it is these risks that are part of what has lead many in our nation to suffer from drug addiction. While there are individuals who are prescribed medications that, if misused, can become illicit and illegal, the laws in this act are specifically designed to address inappropriate and non-prescribed use.
Title six of the Texas penal code concerns itself with the use of alcohol, drugs, food, and hazardous substances. Chapter 481 of this code deals more specifically with the administration, distribution, possession, and sale of these materials. If it is found that you have used a medication, whether prescription or over the counter, without explicit medical authorization with intent to use it non-medically, you may be found guilty of a drug crime
Drug crimes can sometimes fall into a “grey area” of the law as a conviction is dependent on identifying multiple key factors. These factors include the type of medication that is found on your person, the amount of said drug, your intent for its use, the presence or absence of drug paraphernalia, a prior record of drug convictions, and how the substance is stored. While some cases are far more black and white, these factors collectively determine if a drug crime has been committed. Additionally, these conditions collectively determine whether your drug charge is classified as a felony or misdemeanor. It is important to note, particularly in light of the changing perceptions and laws surrounding marijuana, that there is a special subset of laws that pertain to this drug.
Of note as well is that the categories, also known as schedules, that drugs are listed under by the Federal Drug and Food Administration (FDA). The grouping and classification of both legal and illegal drugs is a vital part of determining whether or not you may be convicted of a drug charge. The schedules established by the FDA include the following:
- Schedule I- These are drugs associated with the high risk of abuse. They have never been approved or accepted within the United States for any legitimate medical purposes and are often used with the specific intent of getting high versus enjoying medicinal or curative benefits.
- Schedule II- These drugs are also associated with a high risk of abuse, but have been approved for acceptable medical use. Though usage of schedule II drugs includes the risk of physical and psychological dependence, they are widely prescribed as mood stabilizers, pain medications, and central nervous system stimulants.
- Schedules III, IV, and V- While these drugs have a reduced risk of abuse and dependence, they are still classified as controlled substances. This is because they have been shown to be somewhat addictive to various members of the population. These medications include anxiolytics, tranquilizers, and pain medications.
The simplest way to avoid being charged with a drug misdemeanor or felony is to not use drugs in the ways in which they were not intended. We know, however, that the “Just Say No” campaign of the early 1980’s was about as ineffective as this statement! So while true, it is a bit naive in today’s day and age.
That said, if you have been charged with any type of drug crime, whether it be using it, selling it, distributing it, or growing it, you need to know that the law may not be on your side. There are often extenuating circumstances; however, that is why you need Law Office of Scott D. Reiner, PLLC to represent you. Drug laws can be complicated in their minutiae and overwhelming in their medical lingo. Law Office of Scott D. Reiner will let you know what your rights are and defend them no matter how murky the laws may seem. Call Law Office of Scott D. Reiner today to schedule a consultation regarding your how to handle your drug charges.