Adderall is an immensely popular
drug, especially among college students since they either use it to study for
exams or recreationally at bars and clubs. While Adderall can be legally
obtained with a valid prescription, if you do not have a prescription
for the controlled substance, it is considered illegal and
possession of even the smallest amount is punishable by severe penalties in Texas.
Penalties for Adderall in Texas
Texas lawmakers categorize Adderall as a Schedule II controlled substance,
which is the same classification as MDMA (ecstasy) and LSD. What this
meant is that possession of any amount of Adderall, even one pill, without
a prescription, was considered a felony offense before 2015. A felony
conviction resulted in a maximum two-year prison sentence and a fine of
up to $10,000.
However, within the last decade or so, new designer drugs have entered
the market, and state legislators have pushed to respond by adding new
substances to the list of chemicals in the penalty grounds under the Texas
Health and Safety Code (HSC). Nevertheless, some of the chemicals listed
were so broad, an exception to ensure that people with valid prescriptions
for some prescription drugs were not prosecuted.
Alas, on September 1, 2015, the new language in the statute read that any
substance “approved by the Federal Drug Administration (FDA)”
would be charged with a misdemeanor. Hence, possession of Adderall without
a prescription became a misdemeanor – instead of a felony.
Although the 2017 Legislature will most certainly change the statute back
to the way it originally was. But even then, it wouldn’t go into
effect until next September.
So if you were recently charged with drug crime related to Adderall or
were previously convicted of a felony, it is imperative to seek experienced
legal counsel. At
The Law Offices of Scott Edgett, our Plano criminal defense attorney has been helping clients throughout
the surrounding areas obtain favorable outcomes for the past decade.
Do not hesitate to
call (972) 635-4224 to request a
free consultation today.