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When does a pharmacist commit a drug crime?

On Behalf of | Aug 19, 2022 | Drug Charges |

When we are injured or ill, our doctor will likely write a prescription for medication that we obtain at the pharmacy. Just like there are laws making drug possession, trafficking and manufacturing illegal, pharmacists are bound by laws when they dispense controlled substances.

Texas law on prescription drugs

Under Texas law, pharmacists are prohibited from selling or otherwise distributing controlled substances unless there is a valid prescription for doing so. Some examples of controlled substances a pharmacist might dispense include OxyCotin and Xanax.

In addition, only pharmacists can dispense controlled substances with a valid prescription. It is against the law for a person to pose as a pharmacist when they are not. It is also against the law to forge a prescription in order to obtain drugs.

Federal drug schedules and prescription drugs

Federal law classifies controlled substances into schedules. Schedule I drugs are considered more dangerous and damaging than Schedule II drugs, which are considered more damaging than Schedule III drugs, etc.

Some prescription drugs that a pharmacist might dispense such as Dilaudid and Demerol are Schedule II drugs under federal law. This means they have a high potential for addiction and abuse, but they also have an acceptable medical use.

Other prescription drugs that a pharmacist might dispense such as Valium and Ativan are Schedule IV drugs. This means they have an acceptable medical use and also have a low potential for addiction and abuse.

Drug laws in Texas are meant to keep the public safe. Prescription drugs are commonly used by many people, but there are limits on who can dispense them and when. Pharmacist are bound by controlled substance laws, just as we are. If you are accused a drug crime involving a prescription medication you will want to make sure you understand what potential defense arguments may be of use in your case.