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artist rendition of Will Vaughn
artist rendition of Will Vaughn

2 simple mistakes that can lead to prescription drug charges

On Behalf of | Jul 25, 2023 | Drug Charges

There are many misconceptions about prescription drugs in Texas. Many people don’t understand how many controlled substance laws apply to the medications that they lawfully obtain through a doctor’s recommendation.

Frequently, people assume that they can do whatever they would like with their medication once they have picked it up from a pharmacy. However, either of the behaviors noted below could potentially lead to someone’s arrest and prosecution for a controlled substance offense under Texas state law.

Carrying medication in another container

Generally speaking, the packaging provided by the pharmacy and the prescription paperwork signed by the doctor are the only immediate evidence available to help a patient establish to a police officer that they have the lawful right to possess and use a drug. Many medications, ranging from narcotic pain relievers and stimulants to psychiatric drugs and erectile dysfunction medication, have demand on the unregulated market. Therefore, if officers find people in possession of drugs that are not in their original packaging from the pharmacy, they may arrest those individuals under the assumption that they obtained those medications on the unregulated market.

Giving medication to others

Doctors typically try their best to avoid over-prescribing, which means that they will limit how much pain medication or other drugs they prescribe for any one individual. They will base what they recommend on someone’s weight, sex and medical history, as well as the best practices for prescribing the medication. Occasionally, people may find that they have leftover medication that they no longer require after regaining control of their symptoms. Some people would give that medication to a friend or possibly sell it to a coworker or neighbor. Any transfer conducted by an individual who is not a licensed medical professional could result in prosecution.

There are a host of other ways for people to violate prescription drug laws in Texas, but improperly carrying and transferring medications are among the most common. Avoiding common mistakes related to prescribed drugs commonly may help to protect medical patients from unnecessary criminal prosecution.