Good Stuff Happens in 1:1 Meetings: Why you need them and how to do them well
Houston Lawyer: Arrested For Illegal Prescription Drugs?
1.
2. Houston Lawyer: Arrested For Illegal Prescription Drugs?
A drug can be legal when prescribed by a doctor, yet it can be
illegal when someone uses it without a valid prescription. If
you are being investigated for a prescription drug crime, you
cannot afford to be poorly represented. Houston Criminal
Lawyer Charles Johnson has expertly defended prescription
drug charges in Houston and throughout Texas.
The Charles Johnson Law Firm regularly assists clients with
drug cases involving illegal prescription medications, such as:
Forging of prescriptions
Pharmacy fraud and prescription fraud
Illegal possession of prescription medications
Transportation of drugs
Distribution of drugs
Illegal buying prescription drugs online
Drug delivery, manufacturing and trafficking
If you have been charged with one or more of these offenses, you could be facing jail time and other
significant consequences. It is important to know what to do in the days following an arrest and how an
experienced attorney can build a vigorous defense for your charges. In many cases he will be able to have
your case dismissed entirely. Call Houston Lawyer Charles Johnson at (713) 222-7577 to discuss your
case. Attorney Johnson answers the phone 24 hours per day and offers you a free initial consultation.
Hire the Best Houston Drug Attorney: The Charles Johnson Law Firm
Prescription drug abuse is on the rise in Texas. There are many possible ways for someone to acquire
prescription drugs for illegal use. Some people obtain the prescription drugs from a person who has a valid
prescription. Others steal a doctor’s official prescription pad and forge the doctor’s signature for the
medication, while some create a counterfeit prescription that resembles a doctor’s official prescription. There
are some who do what is called “Doctor Shopping,” which entails going to many different doctors complaining
about a medical condition to get prescriptions from each of them.
What is prescription drug abuse?
Prescription drug abuse is the use of a medication without a prescription, in a way other than as prescribed, or
for the experience or feelings elicited. According to several national surveys, prescription medications, such as
those used to treat pain, attention deficit disorders, and anxiety, are being abused at a rate second only to
marijuana among illicit drug users. The consequences of this abuse have been steadily worsening, reflected in
increased treatment admissions, emergency room visits, and overdose deaths.
How many people abuse prescription drugs?
According to results from the 2010 National Survey on Drug Use and Health (NSDUH), an estimated 2.4
million Americans used prescription drugs nonmedically for the first time within the past year, which averages
to approximately 6,600 initiates per day. More than one-half were females and about a third were aged 12 to
1
3. 17. Although prescription drug abuse affects many Americans, certain populations, such as youth, older
adults, and women, may be at particular risk.
Who abuses prescription drugs?
Individuals of all ages abuse prescription drugs — data reported in the National Household Survey on Drug
Abuse indicate that an estimated 36 million U.S. residents aged 12 and older abused prescription drugs at
least once in their lifetime. The survey also revealed that millions of teenagers and young adults abuse
prescription drugs — 2.7 million individuals aged 12 to 17 and 6.9 million individuals aged 18 to 25 abused
prescription drugs at least once. Prescription drug abuse among high school students is a particular concern.
According to the University of Michigan’s Monitoring the Future Survey, more than 10 percent of high school
seniors in the United States abused narcotics (other than heroin) at least once in their lifetime. Nearly 17
percent abused amphetamines (a type of stimulant), 10 percent abused barbiturates, and 11 percent abused
tranquilizers at least once.
Adolescents and young adults
Abuse of prescription drugs is highest among young adults aged 18 to 25, with 5.9 percent reporting
nonmedical use in the past month (NSDUH, 2010). Among youth aged 12 to 17, 3.0 percent reported past-
month nonmedical use of prescription medications.
According to the 2010 MTF, prescription and OTC drugs are among the most commonly abused drugs by 12th
graders, after alcohol, marijuana, and tobacco. While past-year nonmedical use of sedatives and tranquilizers
decreased among 12th graders over the last 5 years, this is not the case for the nonmedical use of
amphetamines or opioid pain relievers.
When asked how prescription opioids were obtained for nonmedical use, more than half of the 12th graders
surveyed said they were given the drugs or bought them from a friend or relative. Interestingly, the number
of students who purchased opioids over the Internet was negligible.
Youth who abuse prescription medications are also more likely to report use of other drugs. Multiple studies
have revealed associations between prescription drug abuse and higher rates of cigarette smoking; heavy
episodic drinking; and marijuana, cocaine, and other illicit drug use among adolescents, young adults, and
college students in the United States.
Older adults
Persons aged 65 years and older comprise only 13 percent of the population, yet account for more than one-
third of total outpatient spending on prescription medications in the United States. Older patients are more
likely to be prescribed long-term and multiple prescriptions, and some experience cognitive decline, which
could lead to improper use of medications. Alternatively, those on a fixed income may abuse another person’s
remaining medication to save money.
The high rates of comorbid illnesses in older populations, age-related changes in drug metabolism, and the
potential for drug interactions may make any of these practices more dangerous than in younger populations.
Further, a large percentage of older adults also use OTC medicines and dietary supplements, which (in
addition to alcohol) could compound any adverse health consequences resulting from prescription drug abuse.
2
4. What prescription drugs are commonly abused?
The prescription drugs that are commonly abused in the United States fall into several broad
categories: opioids/narcotics/pain relievers, CNS (Central Nervous System) depressants, and
stimulants. Individuals abuse these drugs because they are an easily accessible and inexpensive means of
altering a user’s mental and physical state; the effects vary depending upon the drugs they abuse.
What are some of the commonly abused prescription drugs?
Although many medications can be abused, the following three classes are most commonly abused:
Opioids—usually prescribed to treat pain;
Central nervous system (CNS) depressants—used to treat anxiety and sleep disorders; and
Stimulants—most often prescribed to treat attention deficit hyperactivity disorder (ADHD).
What are opioids?
Opioids are medications that relieve pain. They reduce the intensity of pain signals reaching the brain and
affect those brain areas controlling emotion, which diminishes the effects of a painful stimulus. Medications
that fall within this class include hydrocodone (e.g., Vicodin), oxycodone (e.g., OxyContin, Percocet),
morphine (e.g., Kadian, Avinza), codeine, and related drugs. Hydrocodone products are the most commonly
prescribed for a variety of painful conditions, including dental and injury-related pain. Morphine is often used
before and after surgical procedures to alleviate severe pain. Codeine, on the other hand, is often prescribed
for mild pain. In addition to their painrelieving properties, some of these drugs—codeine and diphenoxylate
(Lomotil) for example—can be used to relieve coughs and severe diarrhea.
Drug Type:
Opioids/Narcotics/Pain Relievers
Common Brand Names:
Dilaudid (Dust, Juice, Smack, D, Footballs)
Lorcet (Pharmies, Beans, Hydro, Painkillers, Happy Pills)
Lortab (Tab, Hydro, Norco, Vikes, Viko)
Oxycontin (Hillbilly Heroin, Oxycet, Oxycotton)
Oxycodone which includes Percocet, Percodan & Tylox (Percs, Paulas, Roxicotten, Roxi’s, Blue
Dynamite, 512s)
Vicodin (Happy Pills, Vikes)
What are CNS depressants?
CNS depressants, sometimes referred to as sedatives and tranquilizers, are substances that can
slow brain activity. This property makes them useful for treating anxiety and sleep disorders. Among the
medications commonly prescribed for these purposes are the following:
3
5. Benzodiazepines, such as diazepam (Valium) and alprazolam (Xanax), are sometimes prescribed to treat
anxiety, acute stress reactions, and panic attacks. The more sedating benzodiazepines, such as triazolam
(Halcion) and estazolam (ProSom) are prescribed for short-term treatment of sleep disorders. Usually,
benzodiazepines are not prescribed for longterm use because of the risk for developing tolerance,
dependence, or addiction.
Non-benzodiazepine sleep medications, such as zolpidem (Ambien), eszopiclone (Lunesta), and zalepon
(Sonata), have a different chemical structure, but act on some of the same brain receptors as
benzodiazepines. They are thought to have fewer side effects and less risk of dependence than
benzodiazepines.
Barbiturates, such as mephobarbital (Mebaral), phenobarbital (Luminal Sodium), and pentobarbital sodium
(Nembutal), are used less frequently to reduce anxiety or to help with sleep problems because of their higher
risk of overdose compared to benzodiazepines. However, they are still used in surgical procedures and for
seizure disorders.
Drug Type:
CNS Depressants
Tranquilizers
Sedatives
Common Brand Names:
Barbiturates which include Amytal, Nembutal, Seconal And Phenobarbital (Barbs, Blue Birds, Phennies,
Tooties, Yellows, Reds, Yellow Jackets, Amytal, Downers, Nembutal, Phenobarbital, Red Birds, Red
Devils, Seconal, Tuninal)
Benzodiazepines which include Ativan, Halcion, Librium, Valium Or Xanax (Candy, Downers, Sleeping
Pills, And Tranks)
Flunitrazepam which includes Rohypnol (Known as a leading ‘date-rape’ drug, Forget-Me Pill, Mexican
Valium, R2, Roche, Roofies, Rope)
Ketamine which includes Ketalar (Kat, Valium K, Special K, Vitamin K)
What are stimulants?
As the name suggests, stimulants increase alertness, attention, and energy, as well as elevate
blood pressure, heart rate, and respiration. Stimulants historically were used to treat asthma and other
respiratory problems, obesity, neurological disorders, and a variety of other ailments. But as their potential for
abuse and addiction became apparent, the medical use of stimulants began to wane. Now, stimulants are
prescribed to treat only a few health conditions, including ADHD, narcolepsy, and occasionally depression—in
those who have not responded to other treatments.
4
6. Drug Type:
Stimulants
Common Brand Names:
Amphetamines which include Adderall, Dexedrine, Dextrostat, Desoxyn, ProCentra, Vyvanse and
Biphetamine (Bennies, Black Beauties, Crosses, Hearts, LA Turnaround, Speed, Truck Drivers, Uppers)
Methylphenidate which includes Ritalin (Jif, Mph, R-Ball, Skippy, The Smart Drug, Vitamin R, Kiddy
Cocaine, West Coast)
How are prescription drugs abused?
Prescription drugs are abused in a variety of ways. Many of the prescription drugs that are commonly abused
are available as tablets. Typically abusers either consume the tablets orally or crush them into a powder,
which they then snort. In some instances, abusers dissolve crushed tablets in water and then inject the
solution.
How many people suffer adverse health consequences from abusing
prescription drugs?
The Drug Abuse Warning Network (DAWN), which monitors emergency department (ED) visits in selected
areas across the Nation, reported that approximately 1 million ED visits in 2009 could be attributed to
prescription drug abuse. Roughly 343,000 involved prescription opioid pain relievers, a rate more than double
that of 5 years prior. ED visits also more than doubled for CNS stimulants, involved in nearly 22,000 visits in
2009, as well as CNS depressants (anxiolytics, sedatives, and hypnotics), involved in 363,000 visits. Of the
latter, benzodiazepines (e.g., Xanax) comprised the vast majority. Rates for a popular prescribed
nonbenzodiazepine sleep aid, zolpidem (Ambien), rose from roughly 13,000 in 2004 to 29,000 in 2009. More
than half of ED visits for prescription drug abuse
involved multiple drugs.
One in five teens nationwide were reported
abusing a prescription pain medication and one in
ten reported abuse of a prescription stimulant.
(The Partnership for a Drug-Free America)
More teens abuse prescription drugs than any
other illicit drug, except marijuana—more than
cocaine, heroin, and methamphetamine
combined. (The Partnership for a Drug-Free
America)
Local school officials privately express concern
about the selling and easy access of prescription
drugs in their schools. School administrators,
5
7. however, are reluctant to speak publicly about the problem.
Experts don’t know exactly why this type of drug abuse is increasing. The availability of drugs is probably one
reason. Doctors are prescribing more drugs for more health problems than ever before. Online pharmacies
make it easy to get prescription drugs without a prescription, even for youngsters.
How are they obtained?
Prescription drugs are obtained in various ways.
In some cases, unscrupulous pharmacists or
other medical professionals either steal the drugs
or sell fraudulent prescriptions. In a process
known as doctor shopping, abusers visit several
doctors to obtain multiple prescriptions.
Individuals also call pharmacies with fraudulent
prescription refills, or they alter prescriptions.
Prescription drugs occasionally are stolen from
pharmacies. Young people typically obtain
prescription drugs from peers, friends, or family members. Some individuals who have legitimate prescriptions
sell or give away their drugs. Young people also acquire prescription drugs by stealing them from relatives and
other individuals with legitimate prescriptions or from school medicine dispensaries.
Is abusing prescription drugs illegal?
Yes, it is illegal to use prescription drugs without a valid prescription or to distribute them. The penalties
associated with the abuse or illegal distribution of prescription drugs vary depending upon the drug type.
What are the penalties for possessing illegal prescription drugs in Texas?
Prescription drugs are offered legally through a prescription, however, possession of prescription pills without
a legal prescription can land you in jail in Texas.
Sec. 481.115. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1. (a) Except as authorized
by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled
substance listed in Penalty Group 1, unless the person obtained the substance directly from or under a valid
prescription or order of a practitioner acting in the course of professional practice.
Sec. 481.117. OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 3. (a) Except as authorized
by this chapter, a person commits an offense if the person knowingly or intentionally possesses a controlled
substance listed in Penalty Group 3, unless the person obtains the substance directly from or under a valid
prescription or order of a practitioner acting in the course of professional practice.
6
8. Group 1: Includes Opium, Oxycodone and some Prescription Pills
Weight of Drug Type of Offense Punishment
Less than one gram State jail felony 180 days to 2 years in a
state jail
1 gram or more, less than 4 Third-degree felony 2 to 10 years in a state
grams prison
4 grams or more, but less than Second-degree felony 2 to 20 years in a state
200 grams prison
200 grams or more, but less than First-degree felony 5 to 99 years in a state
400 grams prison
400 grams or more Enhanced first-degree 10 to 99 years in a state
felony prison
Group 3 & 4: Many Prescription Pills like Xanax, Valium, Ritalin, & Drug Compounds
Weight of Drug Type of Offense Punishment
Less than 28 grams Class A misdemeanor Not more than 1 year in
a county jail
28 grams or more, but less than Third-degree felony 2 to 10 years in a state
200 grams prison
200 grams or more, but less than Second-degree felony 2 to 20 years in a state
400 grams prison
400 grams or more Enhanced First-degree 5 to 99 years in a state
felony prison
Possession With Intent to Distribute
Some states have laws making it illegal to be in possession of your own prescription drugs under certain
circumstances. Most states have laws that make it illegal to carry around pills that are not in their labeled
prescription bottle.
7
9. In other words, if you are carrying around pills that your doctor prescribed to you, but have them loose in
your pocket or purse, that is illegal. The presumption is that you are carrying them in that manner so that you
can distribute them.
Purchasing Prescription Drugs over the Internet
Federal law prohibits buying controlled substances such as narcotic pain relievers (e.g., OxyContin®,
Vicodin®), sedatives (e.g., Valium®, Xanax®, Ambien®), stimulants (e.g., phentermine, phendimetrazine,
Adderall®, Ritalin®) and anabolic steroids (e.g., Winstrol®, Equipoise®) without a valid prescription from
your doctor. This means there must be a real doctor-patient relationship, which by most state laws requires a
physical examination. Prescriptions written by “cyber doctors” relying on online questionnaires are not
legitimate under the law.
Buying controlled substances online without a valid prescription may be punishable by imprisonment under
Federal law. Often drugs ordered from rogue websites come from foreign countries. It is a felony to import
drugs into the United States and ship to a non-DEA registrant.
Buying drugs online may not be only illegal, but dangerous. The American Medical Association and state
boards of medicine and pharmacy have all condemned the practice of cyber doctors issuing online
prescriptions as unacceptable medical care. Drugs delivered by rogue websites may be the wrong drugs,
adulterated or expired, the wrong dosage strength, or have no dosage directions or warnings.
Hire the Best Houston Prescription Drugs Attorney: The Charles Johnson Law
Firm
Some people believe that crimes that involve prescription drugs are treated less seriously than
crimes that involve marijuana, cocaine and other illegal drugs. This is not true, however, and the
penalties for prescription drug crimes in Houston can be just as severe as penalties for illegal drug crimes.
Depending on the type and amount of drug, the consequences could be significant.
If you have been charged with an offense involving illegal prescription medications, you need an experienced
criminal defense attorney who can successfully represent you and protect your rights. Houston Lawyer Charles
Johnson has expertly defended prescription drug charges for many years. In many cases he will be able to
have your case dismissed entirely. Contact him now for your free consultation.
Posts Related to Houston Lawyer: Arrested For Illegal Prescription Drugs?
Arrested for Prescription Drugs? There is way out of it.
The illegal sale or use of prescription drugs can certainly result in severe criminal charges. If you have
been arrested for a forged prescription or ...
Houston Criminal Lawyer: Arrested for Ecstasy Possession or Distribution?
While it may seem minor, an Ecstasy possession or distribution offense can carry serious penalties in
Houston and throughout Texas. Houston Criminal Lawyer Charles Johnson has ...
8
10. Houston Criminal Lawyer: Facing An Arrest For Drug Trafficking?
Drug trafficking is generally referred to as the manufacturing, transporting and distributing of large
quantities of drugs. It often involves more than one person. Drug ...
Houston Criminal Defense Attorney » Arrested for a Drug Crime? Here are Ways to Beat It.
Hire the Recommended Houston Attorney! Drug crimes are covered by both federal and state laws in
Texas. Federal offenses are regulated by The Comprehensive Drug ...
What Types of Laws Govern Drug Offenses in the State of Texas?
Drug crimes are covered by both federal and state laws in Texas. Federal offenses are regulated by
The Comprehensive Drug Abuse Prevention and Control Act of ...
Original article may be found at:
Houston Lawyer: Arrested For Illegal Prescription Drugs?
Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week.
Call us at 713-222-7577 or toll free at 877-308-0100.
Major Credit Cards Accepted.
Houston Lawyer Charles Johnson
Solving Problems...Every Day®
http://www.houstonlawyer.com
815 Walker Street #1047
Houston, TX 77002
E-Mail: charlesjohnson@houstonlawyer.com
Phone: (713) 222-7577
Toll-Free: (877) 308-0100
Map to Office
9