Many people do not realize that possessing someone else’s prescription medication can lead to serious criminal consequences in Texas. Because prescription drugs are often viewed as legitimate medications prescribed by a doctor, individuals sometimes assume there is little risk in borrowing, sharing or carrying another person’s prescription. Under Texas law, however, that assumption can be costly.
Prescription medications are prescribed to specific individuals for specific medical purposes. When a person possesses a controlled substance without a valid prescription in their own name, law enforcement may treat the situation as unlawful possession. It does not matter that the medication originally came from a pharmacy or was legally prescribed to someone else.
Unlawful offenses involving prescriptions
Common examples of prescription-related offenses that may be prosecuted by state or federal law enforcement include carrying a family member’s pain medication, taking a friend’s anti-anxiety pills before a flight or holding prescription drugs for another person. While these situations may seem harmless, they can result in criminal charges if the medication at issue is classified as a controlled substance and an individual lacks legal authorization to possess it.
The potential penalties for such offenses depend on several factors, including the type of medication and the amount involved. Unlawful possession of prescription drugs such as oxycodone, hydrocodone, Xanax, Adderall and other controlled substances may result in significant criminal consequences. Depending on the circumstances, a person may face misdemeanor or felony charges, fines, probation or even imprisonment.
Prosecutors generally must prove that the accused knowingly possessed the medication. Questions about ownership, access and control of the drugs may become important issues in a defense strategy. For example, medications discovered in a shared vehicle or residence may raise factual disputes regarding who actually possessed them. Depending on the circumstances at issue, a successful defense to prescription-related charges may be possible.