What is the difference between dangerous drugs and controlled substances

The following persons shall maintain a record of each acquisition and each disposal of a dangerous drug for two years after the date of the acquisition or disposal:. A person required to keep records relating to dangerous drugs shall:. A made the request for medical assistance during an ongoing medical emergency;. B remained on the scene until the medical assistance arrived; and.

C cooperated with medical assistance and law enforcement personnel; or. A a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made; or. B the actor is committing another offense, other than an offense punishable under Section April 2, ; Acts , 73rd Leg. May 22, ; Acts , 77th Leg. Acts , 81st Leg. Acts , 87th Leg. A the dangerous drug is delivered or offered for delivery by a pharmacist under:.

B a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information:.

A the dangerous drug is delivered or offered for delivery by:. The board shall adopt rules for the labeling of such a drug. Sept; 1, ; Acts , 76th Leg. Amended by Acts , 73rd Leg. A a natural or manmade disaster has occurred which prohibits the pharmacist from being able to contact the practitioner; or.

B the pharmacist is unable to contact the practitioner after reasonable effort;. Title 4, Penal Code, applies to an offense under this subchapter. A conviction under this chapter may be obtained on the uncorroborated testimony of a party to the offense. A peace officer may apply for a search warrant to search for dangerous drugs possessed in violation of this chapter.

The peace officer must apply for and execute the search warrant in the manner prescribed by the Code of Criminal Procedure. The employee or authorized peace officer directed to destroy the drug must act in the presence of another employee of the board or authorized peace officer and shall destroy the drug in any manner designated as appropriate by the board.

Possession is defined in Texas as having actual care, custody, control or management of the drug. The primary defense to the charge of possession is that the drug was received directly from or with the valid prescription of a practitioner operating in the course of their professional practice.

This can include a receipt from or under a prescription from a physician, dentist, nurse practitioner, psychiatrist, or podiatrist. The charges relating to prescription drugs are far-ranging and far-reaching. They can include charges as simple as failing to maintain records, to forging or altering a prescription, to refilling a prescription without authorization, to unlawful manufacture with intent to deliver a simulated controlled substance. In cases relating to prescription medication, it is not always the individual who possess the illegally obtained substance who is punished.

Other accused individuals can include physicians, nurses, pharmacists, and other healthcare providers who face not only criminal charges, but possible suspension or loss of licensure to practice.

This is why immediate representation by an experienced drug crimes attorney is so important in prescription drug cases. You should not have to face criminal charges and possible loss of licensure alone. Texas state law recognizes a difference between providing drugs or drug paraphernalia to an adult an individual 18 years of age or older and providing drugs or paraphernalia to a minor any individual under the age of There are harsher penalties if a defendant is found guilty of these crimes than if it is just a standard distribution case.

However, the law also allows for a greater number of defenses in these cases as well, including whether or not the defendant knew that the individual was a minor. A typical case begins with an individual being pulled over. The office orders the individual to step out of the vehicle. The officer then performs a search of the vehicle and finds illegal drugs. How the individual acts from the moment he or she is stopped can have a large impact on the future case.

The first thing to remember is that you have the Constitutional right to remain silent. You do not have to answer any questions by the police officer. If the police officer continues to question you after you invoke your right to remain silent, he is actually violating your rights. The second thing to remember is that you do not have to consent to any search by the police officer. You do not have to consent to a search of your vehicle. You do not have to consent to a search of your person.

While an officer may threaten to arrest you if you do not consent, the officer actually cannot do that. Your refusal should always be respectful and clear.

The thing to keep in mind is that if you do not consent to a search, it cannot be performed. If a search is not performed, then the officer may not locate additional information that may be required to make his case.

The third thing to remember is that you do not have to perform any field sobriety tests if requested. The tests that an officer may attempt to have you take could include:. The officer may couch his request in a threat to arrest if you do not comply, or even an attempt to clear the case or let you go.

If you perform any of the tests, you may again be providing the officer with additional information to possibly make an arrest, and additional information for a prosecuting attorney to make a case against you. Again, your refusal should always be respectful and clear, but always remember that you are able to refuse these tests. The Constitution offers many protections to individuals.

Marijuana is the only Schedule I drug that is legal for medicinal and recreational uses in many states. However, many experts believe the drug's status should be changed to allow for more comprehensive studies to determine the medical benefits of marijuana. Schedule II drugs and substances also have a high potential for abuse.

They differ from Schedule I drugs in that they do have a currently accepted medical use in treatment in the U. Examples of Schedule II substances include:. They have a currently accepted medical use in treatment in the U. Abuse of the drug or substance may lead to moderate or low physical dependence or high psychological dependence. Examples of Schedule III substances include:. These drugs and substances have a low potential for abuse relative to those in Schedule III.

The drug or substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III. Examples of Schedule IV substances include:. The drug or substance has a low potential for abuse relative to those in Schedule IV.

The drug or other substance has a currently accepted medical use in treatment in the United States. Abuse of the drug or other substances may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV.

Examples of Schedule V drugs include cough medicines with codeine. While not all prescription drugs are controlled, there are several for example, opioid pain medications that do fall under the category of controlled substances. If your doctor prescribes one of these drugs, it's essential that you only take it as directed. In addition to having limited refills, you may need to sign a pain medication agreement , or a contract between you and the doctor to ensure that you're taking the drugs exactly as prescribed.

While the details may vary from doctor to doctor, the agreement may also ask you to agree to:.