Possession of a Dangerous Drug

The term, “dangerous drugs,” may create images of highly addictive substances such as heroin, LSD, ecstasy, mushrooms, etc. Under Texas law, however, this is not the case.

Dangerous drugs are defined by Health and Safety Code sec. 483.0001 as any drug not listed in schedules I through V, or penalty groups 1 through 4. These classifications exclude controlled substances like marijuana or acid. 

So what is a “dangerous drug” classified by the Texas Controlled Substances Act? Basically, a dangerous drug is identified as a drug that is unsafe for self-medication and bears a “prescription only” label.

A dangerous drug may only be legally dispensed by a pharmacist. If an individual intends to sell a dangerous drug or does not have a prescription for the substance, then they may be charged with possession of a dangerous drug.

Possession of a Dangerous Drug

Lawyer for Possession of a Dangerous Drug in Fort Worth, Texas

There are a variety of situations that can result in an individual being criminally charged with possession of a dangerous drug. Being arrested for possession of a dangerous drug can severely damage your financial and personal life. Without a licensed criminal defense attorney a single event could change your whole future.

At Law Offices of Richard C. McConathy we understand that incidents happen, and we want to do our best to protect your rights. With six locations in Allen, Plano, Dallas, Fort Worth, and Denton, TX, our attorneys are dedicated to fighting cases in the Dallas-Fort Worth-Arlington metropolitan area.

If you or a loved one has been charged with possession of a dangerous drug, then call (972) 233-5700 or submit an online form for a free initial consultation. Take charge of your offense and let us help protect your liberty.


Texas Laws Regarding Possession of Prescription Drugs

Texas statute § 483.042 states that certain licensed individuals and organizations are legally allowed to deliver, manufacture, or offer a dangerous drug. If the alleged offender does not fall under one or more of these categories, they are committing an illegal offense.

A common qualified professional to distribute a dangerous drug is a pharmacist. Pharmacists can only deliver a dangerous drug if they receive a prescription from:

  • A medical practitioner;
  • A registered nurse;
  • A physician’s assistant; or
  • A practitioner described by section 483.001(12)(c)

Potential Consequences for Possession of a Dangerous Drug

Legally, one can only possess a dangerous drug if he or she has a prescription through a pharmacist or practitioner. There are strict laws and stipulations on how a dangerous drug can be distributed. If the criminally charged does not meet these requirements then they could be potentially charged with a Class A misdemeanor.

The following are penalties one may face with a Class A misdemeanor:

  • A fine of up to $4,000
  • Up to one year in jail
  • Suspension of the offender’s drivers license of up to 6-months

Possession of a dangerous drug charge is defined by the amount obtained on an arrest. Any amount less than twenty-eight grams is a Class A misdemeanor. If the alleged offender carried more than 28 grams on arrest, then he or she may be subject to felony charges.


Additional Resources

Texas Controlled Substances Act – Visit the Texas Health and Safety Code legislature online to learn the statutory language outlining substance abuse regulation and crimes. Read, in detail, how Texas law recognizes dangerous drugs and who is legally allowed to distribute them.

Abuse & Misuse of Prescription Drugs – Visit a report done by the Texas Department of State Health Services that relay statistics, research, and possible solutions to prescription drug abuse. See which populations are most eligible for prescription drug addiction, and the progression of abuse over the last eight years.


Finding an Attorney Possession of a Dangerous Drug in Dallas County, TX | Law Offices Of Richard C. McConathy

Do you or a loved one currently face charges for possession of a dangerous drug? It is vital that you seek legal assistance immediately. The attorneys at Law Offices of Richard C. McConathy want you to get your life back, and will do their best to combat your offense.

Law Offices of Richard C. McConathy has locations all over Dallas County. With our seven offices located in the Dallas-Fort Worth Metroplex, we accept clients in Dallas in Dallas County, Allen in Collin County, Denton in Denton County, Plano in Collin County, and Fort Worth in Tarrant County, Texas.

Law Offices of Richard C. McConathy’s attorneys are qualified in fighting drug crime cases after an arrest by local law enforcement agencies including Seagoville, Forney, Hutchins, Wilmer, Mesquite, Lancaster, Ferris, Desoto, Glen Heights, Grand Prairie, Arlington, and Dallas.

We also accept clients following a drug investigation involving the Federal Bureau of Investigations (FBI), the Federal Bureau of Prisons (FBP), and Immigration & Customs Enforcement (ICE).

Having peace of mind is as simple as submitting an online contact form or picking up the phone and dialing (972) 233-5700. Contact Law Offices of Richard C. McConathy to attack your charges today.

This article was last updated, May 8, 2018