When most people think about being arrested for drug possession, they picture marijuana, methamphetamine, or cocaine. But there is another type of drug which it is illegal to possess in certain circumstances: prescription drugs.
Individuals who possess, buy or sell 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.
It encompasses all devices and drugs that bear the legend: "Caution: Federal law prohibits dispensing without a prescription," "Rx only," or an equivalent warning. It includes drugs that may only be dispensed by a licensed veterinarian.
The TDDA covers sales, transfers, and even gifts of dangerous drugs. Parties who may be liable for violation of the TDDA include virtually all medical professionals, including nurses, physicians' assistants, pharmacists, and individuals authorized to fill prescriptions.
Among other provisions, 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 TDDA is overseen by the Texas Board of Health, 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. Violation of the Texas Dangerous Drug Act
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 Sugar Land criminal defense attorney. Call John L. Venza, Jr. at (281) 971-5660 for an evaluation of your case.