What is a “Dangerous Drug” in Drug Crimes?
Facing any type of drug-related charges in Texas can be an anxiety-inducing experience. Many drug crime convictions result in jail time, even for certain misdemeanor offenses. For drug crimes charged as felony offenses, a conviction will nearly always result in a prison sentence and other penalties. As such, it is critical to have a clear understanding of the specific charges you are facing and your options for building the strongest possible defense to avoid a conviction. A term that is used in some drug crime cases in Texas can be confusing, and we want to clarify how Texas law uses the term “dangerous drug.”
Is there a difference between a drug and a “dangerous drug” under Texas law? And are charges involving a “dangerous drug” inherently more serious than other types of offenses involving controlled substances? Our Texas criminal defense lawyers can explain in more detail.
What is a “Dangerous Drug” in Texas?
The term “dangerous drug” has a very specific definition under the Texas Health and Safety Code. According to the Texas Medical Board, Texas is one of only a handful of states that still uses this term. Other states often use the term “legend drugs” to refer to the same thing. Under Section 483.001 of the Texas Health and Safety Code, a dangerous drug is defined as “a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of . . . the Texas Controlled Substances Act.” Under Texas law, this means a device or drug that must contain the following information:
- “Caution: federal law prohibits dispensing without prescription” or “Rx only” (or a related warning); or
- “Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian.”
In short, “dangerous drugs” generally means drugs that can be lawfully possessed if a person has a prescription for them. Common examples of “dangerous drugs” under Texas law include benzodiazepines such as Valium or Xanax.
Dangerous Drugs Versus Controlled Substances
Drug crimes that involve “dangerous drugs” are not inherently more serious than offenses involving controlled substances, and often offenses that do involve controlled substances result in more serious charges.
The specific charges you are facing, whether they involve dangerous drugs, controlled substances, or both, will depend on the amount of the substance in question and other relevant factors.
Contact a Texas Drug Crimes Defense Attorney to Find Out More About How We Can Help You
If you are facing drug crime charges for an offense involving a “dangerous drug” or any other type of substance, it is essential to have an attorney on your side to assist you with your defense. An experienced Texas drug crime defense lawyer at John Reed, Attorney at Law can begin working with you on a defense strategy that is tailored to the specific facts of your case and the particular charges you are facing. We are also here to answer any questions you have about the specific charges against you and options for moving forward with your defense or a plea. Contact our firm today to learn more about how we can assist you.
Sources:
statutes.capitol.texas.gov/Docs/HS/htm/HS.483.htm
tmb.state.tx.us/263-what-dangerous-drug-are-these-legend-drugs
