Complying with Texas's Law of Controlled Substances

The Texas Controlled Substances Act ("the Act") is one of the lengthiest and most frequently revised statutes in the nation regulating the possession, purchase, sale, prescription and use of chemicals that Texas defines as "controlled substances." Because the statute is revised and amended so frequently, it is inadvisable to consult any source more than one year old to analyze current compliance with the Act. An experienced Sugar Land criminal attorney can fully explain the current law and show you how it is applied.

In addition to providing a lengthy recital of "controlled substances," the Act also defines paraphernalia which may be used in connection with the possession, use, sale or transfer of such substances. The Act grants designated Texas officials the authority to classify specific chemical substances as having a high potential for abuse and a potential to lead to physical or physical dependence. Schedules designating the classification of specific types of controlled substances are mandated.

The Act delineates the types of medical facilities in which controlled substances may be used and prescribed, and it gives detailed directions about the manner in which prescriptions can be obtained, and what information the prescriptions themselves must contain.

There are numerous provisions of the Act which exempt and otherwise protect medical professionals engaged in scientific research and experimentation from prosecution for violation of the Act. Absent some applicable exception, however, an individual engaged in the unauthorized acts of manufacture, sale, transfer or otherwise illegal use of designated controlled substances may be subject to criminal and civil penalties.

It is often said that "Ignorance of the law is no excuse" for liability. This maxim is just as applicable to drug legislation as it is to any other provision of civil or criminal law, The extremely complicated provisions of the Act underscore the legal hazard. Many references to controlled substances in the Act are referred to elsewhere by other names. If you are familiar only with the brand name or the "street name" of a substance, don't assume it is outside the coverage of the Act.

Also be certain to maintain a complete record of any transactions you have undertaken involving potentially "controlled substances." The Act extends not merely to the substances specifically named, but to some chemical variants. Texas regulatory authorities have significant discretion in deciding which "compounds" and "mixtures" contain ingredients justifying their designation as "controlled substances." So-called "chemical precursors" are also specifically identified in the Act as subjects of potential enforcement action.

Only by obtaining competent and informed professional guidance about Texas's controlled substances law can you insulate yourself from unnecessary and unwanted potential liability.

For a free consultation with dedicated Sugar Land criminal attorney John Venza, simply call 281-971-5660 today.

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