Illegal Possession of Prescription Drugs

While most people are aware that it is a criminal offense for a person to possess a well-known illicit drug such as cocaine, heroin, or methamphetamine, many others are shocked to learn that they can face very similar criminal charges for possession of certain medications without a valid prescription. It is important to understand that many prescription drugs are considered controlled substances under both State and federal law.

Illegal prescription drug possession cases can be much more complicated than other more common controlled substance offenses. Depending on the quantity involved, alleged offenders can face felony charges, which are punishable by several years in prison as well as thousands of dollars in fines.

Lawyer for Illegal Possession of Prescription Drugs in Conroe, TX

Were you arrested in Montgomery County or Harris County for allegedly being in unlawful possession of a prescription drug? You will want to contact Evans & Powell, PLLC as soon as possible for help achieving the most favorable possible outcome to your case.

Conroe criminal defense attorneys Sean Evans and Frank Powell represent clients accused of drug crimes in communities all over Montgomery County and Harris County, such as Shenandoah, Willis, Oak Ridge North, Patton Village, The Woodlands, Pinehurst, and many others. They can review your case and discuss all of your legal options during a free, confidential consultation as soon as you call (936) 622-2000 today.


Montgomery County Prescription Drugs Crimes Information Center


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Types of Prescription Drugs in Texas

Prescriptions are required for many different kinds of opioids, depressants, and stimulants. Certain medications are classified under State and federal drug schedules, either under the Texas Controlled Substance Act or the Federal Controlled Substance Act (CSA).

Some prescription drugs that are most commonly involved in alleged illegal possession cases include, but are not limited to:

  • Hydrocodone;
  • Oxycodone (Oxycontin);
  • Alprazolam (Xanax);
  • Diazepam (Valium);
  • Amphetamine / Dextroamphetamine (Adderall);
  • Zolpidem (Ambien);
  • Methylphenidate (Ritalin, Concerta, Daytrana);
  • Sertraline (Zoloft);
  • Morphine or morphine sulfate;
  • Celecoxib (Celebrex);
  • Buprenorphine (Buprenex, Butrans, Suboxone);
  • Dexmethylphenidate (Focalin);
  • Fentanyl (Subsys, Duragesic); and
  • Hydromorphone (Dilaudid, Exalgo, Palladone).

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Illegal Possession of Prescription Drugs Penalties in Montgomery County

The criminal charges for illegal prescription drug possession are determined by the amount of the controlled substance the alleged offender possessed, as well as the Penalty Group that a prescription drug is classified under. Generally, possession crimes can result in the following charges:

Possession of a Controlled Substance in Penalty Group 1 [includes hydrocodone, morphine, oxycodone, and others]

Texas Health and Safety Code § 481.115

Amount

Classification

Incarceration

Fine

Less than 1 gram

State Jail Felony

Up to two years in state jail

Up to $10,000

1 gram or more but less than 4 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

4 grams or more but less than 200 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

200 grams or more but less than 400 grams

First-Degree Felony

Up to 99 years or life in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of 10 years up to 99 years or life in prison

Up to $100,000

Possession of a Controlled Substance in Penalty Group 1-A [includes compounds structurally derived from 2,5-dimethoxyphenethylamine by substitution at the 1-amino nitrogen atom with a benzyl substituent]

Texas Health and Safety Code § 481.1151

Amount

Classification

Incarceration

Fine

Fewer than 20 units

State Jail Felony

Up to two years in state jail

Up to $10,000

20 or more units but fewer than 80 units

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

80 or more units but fewer than 4,000 units

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

4,000 units or more but fewer than 8,000 units

First-Degree Felony

Up to 99 years or life in prison

Up to $10,000

8,000 or more units

First-Degree Felony

Minimum of 15 years up to 99 years or life in prison

Up to $250,000

Possession of a Controlled Substance in Penalty Group 2 [includes amphetamine, methaqualone, and others]

Texas Health and Safety Code § 481.116

Amount

Classification

Incarceration

Fine

Less than one gram

State Jail Felony

Up to two years in state jail

Up to $10,000

1 gram or more but less than 4 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

4 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 2-A [includes various drug components, such as methanone (ketone), ethanone, and others]

Texas Health and Safety Code § 481.1161

Amount

Classification

Incarceration

Fine

Less than 2 ounces

Class B Misdemeanor

Up to 180 days in jail

Up to $2,000

2 ounces or more but less than 4 ounces

Class A Misdemeanor

Up to one year in jail

Up to $4,000

4 ounces or more but less than 5 pounds

State Jail Felony

Up to two years in state jail

Up to $10,000

5 pounds or more but less than 50 pounds

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

50 pounds or more but 2,000 pounds or less

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

More than 2,000 pounds

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 3 [includes diazepam (Valium), alprazolam (Xanax), methylphenidate (Ritalin), and others]

Texas Health and Safety Code § 481.117

Amount

Classification

Incarceration

Fine

Less than 28 grams

Class A Misdemeanor

Up to one year in jail

Up to $4,000

28 grams or more but less than 200 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

200 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000

Possession of a Controlled Substance in Penalty Group 4 [includes carisoprodol (Soma) and others]

Texas Health and Safety Code § 481.118

Amount

Classification

Incarceration

Fine

Less than 28 grams

Class B Misdemeanor

Up to 180 days in jail

Up to $2,000

28 grams or more but less than 200 grams

Third-Degree Felony

Up to 10 years in prison

Up to $10,000

200 grams or more but less than 400 grams

Second-Degree Felony

Up to 20 years in prison

Up to $10,000

400 grams or more

First-Degree Felony

Minimum of five years up to 99 years or life in prison

Up to $50,000


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Texas Illegal Possession of Prescription Drugs Resources

Consumer Protection | Prescription Drugs | Texas Attorney General — On this section of the attorney general’s website, you can learn more about factors to consider when shopping for medications. Find information about online pharmacies and “miracle drugs.” The Office of the Attorney General recommends using online pharmacies based in the United States and approved by the National Association of Boards of Pharmacies (NABP) through its Verified Internet Pharmacy Practice Sites (VIPPS) program, which you can find a link to.

Pills Anonymous (PA) World Service — PA identifies itself as “a fellowship of men and women who share their experience strength and hope with each other that they may solve their common problem and help others to recover from pill addiction.” The only requirement for membership in PA is a desire to stop using pills. On this website, you can learn more about PA, how it works, and find the times and locations of meetings.


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Evans & Powell, PLLC | Conroe Illegal Possession of Prescription Drugs Defense Lawyer

If you were arrested for allegedly possessing any kind of controlled substance without a valid prescription, it is in your best interest to immediately retain legal counsel. Evans & Powell, PLLC defends residents and visitors charged with drug offenses in Panorama Village, Splendora, Cut and Shoot, Porter Heights, Magnolia, Woodbranch, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will make every effort to possibly get your criminal charges minimized or eliminated. Call (936) 622-2000 or fill out an online contact form to have our lawyers provide a complete evaluation of your case during a free initial consultation.



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