Illegal Prescriptions

August 20, 2012


Most people don't think of presecription drugs when you hear about drug arrests.  The "bad" drugs like meth, marijuana, cociane are usually what comes to mind. However, prescription drugs are illegal when they are in the possession of someone whom they don't belong.  There are moere and more people being arrested for prescription drugs and more and more people dying from abusing them.

Anyone who possesses, buys or sells regulated drugs in Texas should be familiar with the Texas Dangerous Drug Act ("TDDA"). The TDDA applies to all devices and drugs regarded by Texas regulators as "unsafe for self-medication" that are not included in the Texas Controlled Substances Act.

All devices and drugs that bear the legend: "Caution: Federal law prohibits dispensing without a prescription," "Rx only," or an equivalent warning are included in the TDDA.  Believe it or not, it also includes drugs that may only be dispensed by a licensed veterinarian.

The sales, transfers, and even gifts of dangerous drugs are covered by TDDA also. Virtually all medical professionals, including nurses, physicians' assistants, pharmacists, and individuals authorized to fill prescriptions may be held responsible for violations of the TDAA.

The TDDA has extensive requirements for keeping written records of prescriptions. It also requires pharmacists to use their professional judgment to determine whether a prescription is valid before dispensing a dangerous drug.

The Texas Board of Health oversees the TDAA, which conducts hearings to determine whether dangerous drugs are being over-prescribed or abused by individuals. If they find that a drug is being widely misused, they may place limits on its prescription or use.

Possession of a dangerous drug is a criminal offense unless it is properly obtained through dispensation by a pharmacist. The TDDA is a criminal statute, and violation of its provisions can carry very serious legal consequences. Possession of a dangerous drug is a Class A misdemeanor, and illicit delivery or manufacture of a dangerous drug is a state prison felony.

Because of the many intricate and complex provisions of the TDDA, it is important that you consult an experienced Austin, San Antonio and Central Texas criminal defense attorney. Call The Law Offices of Jamie Balagia at 512-278-0935 in Austin or 210-394-3833 in San Antonio for an evaluation of your case.