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Houston Prescription Drug Fraud Defense Attorneys

Prescription Drug Fraud Defense Attorneys in Houston, TX

The United States has battled an opioids epidemic for the last few decades, and the battle still continues. The CDC cites the fact that 128 people die every day from an opioid overdose in the United States. If you are accused of prescription drug fraud, you should consult with a criminal defense attorney right away. Do not speak to authorities until you have legal representation available. Our attorneys at The Gonzalez Law Group, PLLC fight for the legal rights of clients surrounding the Greater Houston area every day. Even though you have been accused, you are still innocent until proven guilty. We work with clients in the cities of Houston, Aldine, Katy, Cypress, Spring, Humble, Sugarland, Galveston, Tomball, and more. Call (832) 530-4070 to schedule a confidential consultation or fill out a free case review form at the bottom of the page. 


Prescription Drug Fraud Information Center


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Texas Prescription Drug Fraud Offenses 

Tex. Health & Safety Code §481.129 states the following: 

A) A person commits an offense if the person knowingly: 

    • Distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substances as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.); 
    • Uses in the course of manufacturing, prescribing, or distributing a controlled substance a Federal Drug Enforcement Administration registration number that fictitious, revoked, suspended, or issued to another person; 
    • Issues a prescription bearing a forged or fictitious signature; 
    • Uses a prescription issued to another person to prescribe a Schedule II controlled substance; 
    • Possesses, obtains, attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance: 
      • By misrepresentation, fraud, forgery, deception, or subterfuge; 
      • Through the use of a fraudulent prescription form; 
      • Through the use of a fraudulent oral or telephonically communicated prescription; or 
      • Through the use of a fraudulent electronic prescription; or 
    • Furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.

A-1) A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact.  For purposes of this subsection, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner.

B) A person commits an offense if the person knowingly or intentionally:

    • Makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance;  or
    • Manufactures, delivers, or possesses with intent to deliver a counterfeit substance

C) A person commits an offense if the person knowingly or intentionally:

  • (1) Delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or
  • (2) Possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed:
      • During the manufacturing or distribution process;
      • By a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice;
      • By a pharmacist or agent of a pharmacy during the professional practice of pharmacy;
      • Under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or
      • By an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.

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Texas Prescription Drug Fraud Penalties 

 

Section Offense Classification
A 2nd Degree Felony—

Schedule I or II Controlled Substances  

3rd Degree Felony— 

Schedule III or IV Controlled Substances  

Class A misdemeanor— 

Schedule V Controlled Substances  

(A-1) 2nd Degree Felony—

Schedule I or II Controlled Substances  

3rd Degree Felony— 

Schedule III or IV Controlled Substances  

Class A misdemeanor— 

Schedule V Controlled Substances  

(B) Class A misdemeanor 
(C)(1) 2nd Degree Felony — defendant delivers: 

  • A prescription form; or 
  • A prescription for a controlled substance listed in Schedule II; 
3rd Degree Felony — defendant delivers a prescription for Schedule III, IV, or V Controlled Substances  
(C)(2) State Jail Felony— defendant possesses: 

  • A prescription form; or 
  • A prescription for Schedule II, III Controlled Substances
Class B misdemeanor— defendant possesses a prescription for Schedule IV or V Controlled substances 

Note: Refer to Federal Drug Schedules for Controlled Substances 

Multiple charges from different offenses may constitute a higher sentencing and penalties. 


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Additional Resources

Substance Abuse and Mental Health Services Administration (SAMHSA) | National Helpline – The Substance Abuse and Mental Health Services Administration (SAMHSA) helpline is a free 24/7 help in available in both English and Spanish for individuals needing substances abuse help. The helpline received about 815, 390 calls in 2017. The helpline can refer you to state-funded treatment programs if insurance is a concern. 

Gateway Foundation | Most Commonly Abused Prescription Drugs – Prescription drug abuse is a serious concern in the states. Such abuse can lead to individuals going through extreme measures to obtain certain drugs such as committing prescription drug fraud. Refer to the page to learn more about the most common prescription drugs that are being abused. 


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Contact a Houston Prescription Drug Fraud Defense Attorney

Our attorneys are dedicated to representing the rights of Harris County residents so that they are given their proper chance at proving their innocence. Speaking to authorities before having a chance to consult with a criminal defense attorney may hinder your possibility of reducing charges and penalties. At The Gonzalez Law Group, PLLC, our attorneys fight tooth and nail to eliminate or possibly reduce your charges, so that you can get back to your normal life as soon as possible. We understand a criminal charge can have adverse effects on your family and your life.