Prescription Drug Charges in Texas: What Happens When Pills Put You in Court
By Thom Nisbet
You don’t need street drugs to end up in serious legal trouble in Texas. Many of our clients charged with drug offenses aren’t caught with meth, heroin, or cocaine—they’re arrested with something far more common: prescription medication.
Maybe it’s a few Xanax in your bag without the bottle. Maybe you were holding pills for a friend. Maybe you’re facing accusations of “doctor shopping,” or police found Oxycodone or Adderall during a traffic stop. No matter the scenario, the law doesn’t make much distinction. If you’re found with a controlled substance and you don’t have proof of a valid prescription, you can be charged with a felony—even if it’s your first offense.
At Christian, Nisbet & Casillas, we’ve seen how quickly prescription drug charges escalate—and how often the people arrested are everyday Texans, not hardened criminals. If you’ve been charged, here’s what you need to know and how we defend these cases.
What the Law Says About Prescription Drugs in Texas
Under the Texas Controlled Substances Act, it is a criminal offense to knowingly possess a controlled substance without a valid prescription. This includes:
Benzodiazepines (Xanax, Valium)
Opioids (Oxycodone, Hydrocodone, Morphine)
Stimulants (Adderall, Ritalin)
Sleep aids (Ambien, Lunesta)
Anti-anxiety or pain medications not prescribed to you
Prescription drugs are classified under Penalty Groups 3 and 4. The classification—and the amount—determines how serious the charge will be.
Common Prescription Drug Charges We Defend
Possession without a prescription: Often charged as a misdemeanor or felony depending on the quantity
Fraudulent prescription (forgery): Writing fake scripts, altering quantities, or impersonating medical personnel
Doctor shopping: Visiting multiple providers to obtain more medication than allowed
Possession with intent to distribute: Carrying large quantities or multiple bottles, even without selling
Possession in the wrong container: Having pills in a baggie, pocket, or mixed bottle—technically illegal in many cases
Even if you once had a valid prescription, it’s not a defense unless you can prove it was current and specific to the exact medication in question.
Why These Charges Are So Common—and Dangerous
Law enforcement and prosecutors often treat prescription drug offenses as gateway issues. They assume the pills are part of a larger problem—and may build a case that implies distribution, addiction, or fraud, even when none of that applies.
And because these drugs are legally prescribed, most people underestimate the seriousness of the charges—until it’s too late.
Penalties include:
Misdemeanor (small amounts, Penalty Group 3 or 4): Up to 1 year in jail, $4,000 fine
Felony (larger amounts, multiple prescriptions, or intent to distribute): 2 to 20 years in prison, up to $10,000 fine
Prescription fraud (forgery): 3rd or 2nd degree felony, especially if tied to DEA Schedule II drugs
A conviction can also result in:
Suspension of your driver’s license
Loss of professional licenses (nursing, teaching, etc.)
Permanent record—even if the conviction is for a non-violent offense
Immigration consequences for non-citizens
What’s Changed in Texas Law
Increased focus on opioids and prescription fraud (2023–2024)
In response to the ongoing opioid epidemic, prosecutors are under pressure to crack down on prescription-related offenses. This includes:
Tighter scrutiny of pharmacies and refill histories
Cross-agency collaboration with the DEA
Targeting forged prescriptions, pill mills, and even patient overuse
Some counties—including Bexar—now treat high-quantity opioid possession as equivalent to fentanyl-related offenses, triggering enhanced penalties.
Expanded Pretrial Diversion in Some Jurisdictions
For first-time, low-level offenders, several counties have expanded pretrial diversion programs—offering education or treatment instead of jail time. But these options are often denied to those facing intent-to-distribute or fraud-related charges.
That’s why early negotiation and strong case framing are key.
How We Defend Prescription Drug Cases
At Christian, Nisbet & Casillas, we tailor your defense based on the facts, your background, and the nature of the charge. Here’s how we fight back:
1. Challenge Possession
Just because drugs were in your car or home doesn’t mean they were yours. If multiple people had access, we push the State to prove exclusive possession—and often, they can’t.
2. Validate the Prescription
Sometimes clients do have a valid prescription—but lost the documentation or carried pills in the wrong container. We work with doctors and pharmacists to verify your history and support your case.
3. Attack the Search or Arrest
Were your rights violated? Was the stop legal? Was the search overbroad? We file motions to suppress any evidence gathered unlawfully.
4. Push for Dismissal, Diversion, or Reduction
In many prescription drug cases—especially first offenses—we push hard for pretrial diversion, deferred adjudication, or reclassification as a misdemeanor. Our goal is to preserve your record and protect your future.
What You Should Do Now
If you’ve been arrested for a prescription drug offense:
Don’t explain yourself to police—your story can be misinterpreted
Don’t try to “fix” the problem by calling your doctor or pharmacist—let us handle that
Preserve all documentation—prescriptions, pharmacy receipts, texts
Hire an attorney quickly—especially before your first court appearance or bond hearing
Final Thoughts
Prescription drug charges may not look like traditional “drug crimes,” but the consequences can be just as severe. Whether you were carrying medication for a relative, misunderstood your prescription limits, or are facing false accusations of fraud—we know how to build a defense that gets results.
At Christian, Nisbet & Casillas, we don’t treat you like a case number. We look at your full story—your career, your family, your future—and fight to protect all of it.
When a handful of pills turns into a felony case… we’re that call.
