Prescription Drugs and Criminal Charges: When Legal Meds Become Legal Trouble

Prescription Drugs: Legal, but Not Without Risk

Most people think of drug charges in terms of illegal substances—methamphetamine, heroin, or cocaine. But in Texas, many legal, doctor-prescribed medications can also result in criminal charges if they’re used improperly, shared with someone else, or carried without proof of prescription.

These cases can catch people off guard. You might not consider yourself someone who would ever face a drug charge. You filled the prescription at a pharmacy. You take it under a doctor’s care. But Texas law sees certain behaviors—even unintentional ones—as potential violations of controlled substance regulations.

Controlled Substances: What the Law Says

Medications like Xanax, Adderall, Oxycodone, Hydrocodone, and Valium are all considered controlled substances in Texas. This means they’re tightly regulated under both federal and state law.

You can review the federal Controlled Substances Schedules on the DEA’s official site:
https://www.dea.gov/drug-scheduling

In Texas, it is illegal to:

• Possess these medications without a valid prescription
• Carry them outside of their original labeled container in some situations
• Share, sell, or distribute your medication to someone else—even if they have a similar condition
• Drive under the influence of these medications if they impair your ability to operate a vehicle safely

These are serious offenses that can lead to charges such as possession of a controlled substance, distribution, or DUI/DWI based on drug impairment.

When Good Intentions Go Wrong

We’ve seen many situations where ordinary people—not career criminals—end up facing serious accusations. For example:

• A parent sharing their anxiety medication with an adult child
• A college student letting a friend “borrow” Adderall to help study
• An employee keeping pain medication in a baggie instead of its prescription bottle
• A driver being pulled over while taking prescribed muscle relaxers or sedatives

While these actions may seem harmless or helpful, Texas law views them differently. Even giving away just one pill can result in distribution charges, and possessing medication without the labeled prescription bottle can trigger questions about legality.

Why Lawful Use Still Requires Legal Awareness

It’s not illegal to have prescription medication you’ve been lawfully prescribed. However, how you store, use, and share that medication can make the difference between a normal day and a criminal charge.

Common scenarios that lead to charges include:

• Unmarked containers: Pills carried in unlabeled baggies or pill organizers
• Old prescriptions: Medication you were prescribed years ago but still have on hand
• Shared medications: Offering medication to a friend or family member
• Driving while impaired: Operating a vehicle after taking medications that affect coordination or reaction time

The Texas State Board of Pharmacy provides guidelines for handling prescription drugs safely:
https://www.pharmacy.texas.gov

How Tara Gilmore-Low Can Help Defend Prescription Drug Charges

Tara Gilmore-Low understands that these charges are often rooted in misunderstanding rather than criminal intent. She works with clients to:

• Review whether the search or traffic stop was lawful
• Challenge whether the prosecution can prove lack of prescription
• File Motions in Limine to block irrelevant or prejudicial evidence
• Provide context for legitimate medical use
• Work toward reducing or dismissing charges based on evidence and circumstances

What Is a Motion in Limine and Why Does It Matter?

In prescription drug cases, Motions in Limine can be used to prevent the prosecution from bringing in unfair or misleading information. For example, if you have a valid prescription but were carrying pills in a non-labeled container, Tara may file a Motion in Limine to exclude statements or evidence that suggest criminal intent when no illegal activity actually occurred.

Learn more about defense strategies from the National Association of Criminal Defense Lawyers.

The Importance of Acting Quickly

If you’ve been accused of a prescription drug offense, don’t wait to see what happens. Early legal intervention allows Tara Gilmore-Low to:

• Collect medical records proving your prescription
• Challenge the circumstances of your stop or arrest
• Prevent wrongful assumptions from shaping your case

Additional Resources

• DEA Drug Scheduling
• Texas State Board of Pharmacy
• National Association of Criminal Defense Lawyers
• Texas Indigent Defense Commission – Know Your Rights

What’s Coming Next in Our Ongoing Series

Stay with us as our series continues next week, where we’ll shift focus to common nightlife charges like public intoxication and disorderly conduct—offenses many people mistakenly think don’t require a lawyer.

Coming Up Next:
“When a Night Out Turns Into a Criminal Case: Bar Fights, Disturbances, and Defense”

Contact Low Law Firm Today

If you or someone you know has been charged with a prescription drug-related offense in West Texas, contact Tara Gilmore-Low at Low Law Firm today.

📞 Call: 325-455-1889
🖥️ Schedule a consultation: https://lowlawfirm.com/contact