A dangerous drug in Texas is a prescription medication that is not listed in one of the controlled-substance penalty groups but still cannot legally be possessed or distributed without a valid prescription or order. Many ordinary prescription drugs fall into this category, and people are often charged after a traffic stop or search reveals pills that are not theirs.
What the Law Covers
Dangerous drugs are governed by the Texas Dangerous Drug Act, Texas Health and Safety Code Chapter 483. It is an offense to possess a dangerous drug without a valid prescription, and a separate, more serious offense to deliver or manufacture one.
Punishment Range
Possession of a dangerous drug is generally a Class A misdemeanor, punishable by up to a year in county jail and a fine of up to $4,000. Delivering or manufacturing a dangerous drug is a felony.
How These Cases Are Defended
Defenses include a valid prescription, an unlawful search or seizure, and whether the State can prove you knowingly possessed the medication. As with other drug cases, constitutional problems with the stop or search can lead to suppressed evidence or dismissal, and eligible first offenders may have options that protect their record.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.