The term “dangerous drug” may create images of highly addictive substances such as heroin or LSD.
Under Texas law, however, this is NOT the case.
A dangerous drug is simply any prescription medication that requires a “prescription only” label, from blood pressure pills to anxiety medication. If you possess these without a valid prescription, you face serious drug possession charges.
Dangerous drugs are defined by Health and Safety Code Section 483.001 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.
Being arrested for possession of dangerous drugs can severely damage your financial and personal life.
Without experienced legal representation, that risk is potentially higher.
If you or a loved one has been charged with possession of a dangerous drug, contact the Law Offices of Richard C. McConathy today at 197-230-38867. Our Dallas criminal defense lawyers will work to get your drug charges reduced or dismissed.
What You Should Do If Charged
Time is critical in dangerous drug possession cases. Here’s what you should do immediately:
- Exercise your right to remain silent—don’t discuss your case with the police
- Contact our experienced criminal defense attorney immediately
- Don’t dispose of any evidence—this can lead to additional charges
- Gather any prescription documentation you may have
Texas Laws Regarding Dangerous Drug Possession
⚖️ Not all prescription-related arrests are equal under the law. Whether a charge sticks often hinges on legal definitions and who is authorized to prescribe or possess the drug.
Texas Statute Section 483.042 states that certain licensed individuals and organizations are legally allowed to deliver, manufacture, or offer dangerous drugs.
If the alleged offender does not fall under one or more of these categories, they are committing a drug crime.
Driving while intoxicated by a prescription drug—whether or not it’s considered a controlled substance—can still lead to serious DWI charges in Texas. Learn how controlled substance DWI charges work and what defenses may apply.
A common qualified professional to distribute dangerous drugs 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
- A practitioner described by Section 483.001(12)(c)
Texas uses a complex system to classify different types of drug charges and determine penalties:
| Drug Classification | Examples | Legal Status |
|---|---|---|
| Penalty Groups 1-4 | Methamphetamine, cocaine, and marijuana | Controlled substances with varying penalty levels based on harm potential |
| Dangerous Drugs | Prescription medications (blood pressure pills, anxiety meds) | Require medical supervision and a valid prescription for legal possession |
| Over-the-Counter | Aspirin, cold medicine, and vitamins | Generally legal for anyone to possess and use as directed |
Simply having someone else’s prescription drug, even from a family member, can result in drug possession charges under Texas law.
Potential Consequences for Dangerous Drug Possession
Legally, one can only possess a dangerous drug if he or she has a prescription from a pharmacist or practitioner.
There are strict laws and stipulations on how dangerous drugs can be distributed. If you do not meet these requirements, you face a Class A misdemeanor offense.
The following are penalties you may face with a Class A misdemeanor:
- A fine of up to $4,000
- Up to one year in jail
- Suspension of your driver’s license for up to 6 months
- Permanent criminal record affecting employment and professional licenses
Dangerous drug possession charges are defined by the amount obtained during arrest. Any amount less than 28 grams is a Class A misdemeanor. If you carried more than 28 grams during arrest, you may be subject to felony charges with substantially harsher penalties, including a lengthy prison sentence.
Some individuals facing dangerous drug charges are also investigated for related crimes like forging prescriptions or obtaining medications under pretenses. Read more about prescription drug fraud under Texas law.
The Impact on Different Professions
Dangerous drug convictions can be particularly devastating for certain professions:
| Profession | Potential Consequences |
|---|---|
| Healthcare Workers | Automatic licensing board review, and potential career-ending sanctions for any drug conviction |
| Educators | Loss of teaching certificates, employment termination for drug crimes |
| Law Enforcement | Immediate suspension and termination proceedings for any drug offense |
| Financial Services | Loss of required licenses and security clearances for felony convictions |
| Transportation Workers | CDL suspension and disqualification from transportation jobs for dangerous drug convictions |
Our Proven Track Record in Drug Possession Cases
We have successfully defended numerous dangerous drug possession cases throughout Dallas County.
Our criminal defense firm has achieved over 1,000 case dismissals in the DFW area since 2002, demonstrating our ability to achieve the best possible outcome in challenging drug possession cases.
Common Defense Strategies for Drug Crimes
- Lack of Valid Prescription: We challenge whether the prosecution can prove you knew the substance required a prescription or that you lacked authorization to possess it.
- Illegal Search and Seizure: Many dangerous drug cases involve improper police searches during traffic stops or home searches. We thoroughly examine whether your Fourth Amendment rights were violated.
- Constructive Possession Issues: If drugs were found in a shared space, we challenge whether the prosecution can prove you had knowledge and control over the substance.
- Chain of Custody Problems: We scrutinize how evidence was handled to ensure proper procedures were followed by law enforcement in your drug case.
💡 Legal defenses aren’t one-size-fits-all. Identifying technical issues like a lack of possession knowledge or chain of custody problems could be the key to dismissal.
Why Choose Our Texas Criminal Defense Attorneys?
With over 35 years of experience and 1,000+ cases dismissed in the DFW area, Richard C. McConathy is a Board Certified Criminal Law Specialist with extensive experience in Dallas County courts. We know the prosecutors, judges, and procedures that will impact your drug offense case.
Our approach is simple: we fight for dismissals and not guilty verdicts. We don’t just process cases—we aggressively defend your rights and freedom to achieve the best possible outcomes.
Don’t wait to protect your rights. Dangerous drug possession charges require immediate attention from our experienced criminal defense attorney.
Call us now at 197-230-38867 to speak directly with our legal team and schedule your free consultation.
Frequently Asked Questions About Dangerous Drug Possession
What's the difference between dangerous drugs and controlled substances in Texas?
Dangerous drugs are prescription drugs that require a “prescription only” label, while controlled substances are classified in penalty groups 1-4 and include drugs like marijuana, cocaine, and heroin.
Can I be charged with possession if the prescription drug belonged to my spouse or family member?
Yes. Texas law requires that you personally have a valid prescription. Sharing prescription drugs between family members is illegal under the Texas Health and Safety Code.
Will a dangerous drug conviction affect my professional license?
Most professional licensing boards require reporting of drug convictions and may impose disciplinary action, including license suspension or revocation.
Can I get a dangerous drug possession charge expunged?
Depending on the outcome of your case, expungement may be possible. We help clients go through the expungement process after a successful case resolution.
What if I didn't know the medication was in my possession?
Lack of knowledge can be a valid defense. We thoroughly investigate whether you had actual knowledge of the substance’s presence and nature during your free consultation.
Local Dallas County Resources
- Dallas County District Attorney’s Office – Information about criminal proceedings and court locations for your case.
- Dallas County Clerk’s Office – Access court records and case information for ongoing legal matters.
- Dallas County Sheriff’s Department – Inmate information and jail visitation schedules.
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 relays 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.