Prescription Drug Arrests/Possession

It’s illegal to possess prescription drugs without a prescription. Prescription drug arrest range from cases where someone has hundreds of pills down to where a juvenile brings a few of his parents’ pills to school.

Possession is legally defined in Texas as actual care, custody, control or management of the contraband in question. This means it may be legally insufficient to show a person had knowledge of prescription drugs or was merely in close proximity to someone in possession.

As with other narcotics, the degree of offense of the possession of a prescription drug is controlled by the type of drug possessed, the amount possessed and the circumstances surrounding the possession (whether it was in a drug free zone or done with intent to distribute).

Defending prescription drug cases requires a multi-faceted approach involving legal analysis of the search and seizure of the drugs; possession of the drugs; and rehabilitation and/or drug treatment if necessary. It is important to have experienced and aggressive counsel. Call Rosenthal & Wadas today to help you defend your case.