Possession of Adderall without a Prescription is a Felony AGAIN

The law change that made possession of Adderall (amphetamine / dextroamphetamine), Vyvanse (Lidexamphetamine) and other prescription stimulant medications a misdemeanor offense had a short life-span, just long enough for the Texas Legislature to have a year off and meet again.  There is an old saying, that goes something like: the reason the legislature only meets every two years is so they cannot do more damage.  Well they have done it again – this time they have gone back to correct an unintended result that worked in favor of criminal defendants.  From September 1 2015 until September 1 2017, possession of Adderall in Texas without a prescription was only a misdemeanor offense.  Prior to 2015, it was a felony under Penalty Group 2 of the Texas Health and Safety Code; Post September 1, 2017, it is a felony again as well.

How Possession of Adderall became a Misdemeanor

On September 1, 2015, the new language in sub-section (d) of  Section 481.103 of the statute reads:

“If a substance listed in this section is approved by the Federal Drug Administration, the inclusion of that substance in this penalty group does not apply, and notwithstanding any other law, a person may not be convicted for the manufacture or delivery or possession…[under Penalty Group 2]” .

Instead these substances are treated as miscellaneous substances and punished under Section 481.119. Hence, Possession of Adderall without a prescription became a Misdemeanor – not a Felony, overnight.

The Old Law Came Back With the Stroke of a Pen

From the time it became apparent that those charged with possessing Adderall without a prescription should be charged with misdemeanors, and not felonies, under the new law, there were efforts underway to change it back to how it used to be.

During the 2017 legislative session of the Texas Legislature, enter House Bill 2671.  Section 481.103(d) was simply removed.  Possession of prescription stimulant medications like Adderall and Vyvanse became a felony again.  With one strike through, people will be facing felony charges for possessing any amount of these medications without a valid prescription.

As of September 1, 2017, possession of adderall is a felony, and is considered the same for purposes of the punishments for penalty group 2, based upon weight.

Possession of Adderall or Vyvanse without a valid prescription is punished under the code as follows:

• Less than one gram: State Jail Felony
• 1 to 4 grams: 3rd Degree Felony.
• 4 to 400 grams: 2nd Degree Felony
• More than 400 grams: 1st Degree Felony

CATCH A DRUG CASE?

If you are accused of any drug crime, including Possession of Adderall (Amphetamine / Dexamphetamine)

(including possession of a Controlled Substance)

Contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

Get caught with “any detectable amount” of a controlled substance (Penalty Group 1 or 2), no matter how small, and you can be facing felony charges.  Penalty Groups 1 & 2 (or PG1 & PG2) include substances such as cocaine, methamphetamine, MDMA, oxycontin, and even hash oil and bath salts.

Many of you may know that possession of less than a gram of these substances is a felony, but you may not realize how much less than a gram can get you charged with a felony.  Residue scraped out of a pipe, resin in the bottom of a glass bowl, and in some cases, even controlled substances swabbed from the inside of a defendants mouth have been charged as felonies.

It does not even have to be a measurable amount. This means less than 1/100 th of a gram.  For comparison sake, think of 1/100 th of a sugar packet.  Yup, less than that.  If the lab can detect it, they can charge you with it.

It also goes to reason that drug addicts struggle to stay clean in their addiction.  This can mean multiple arrests and charges for possession of controlled substances.  If any of those arrests resulted in convictions, then the enhancement provisions kick in.  Someone could be facing 20 yrs or more of prison time for one arrest, of RESIDUE of a controlled substance.

This has not always been the case in Harris County.  When Pat Lykos was the District Attorney she implemented a non-prosecution policy for so called “trace-case” drug possession.  The actual text of that policy reads: “residue under .01 grams…will not be prosecuted…as a felony.”  Unfortunately, this put her on the shit list with local law enforcement agencies, that came out in mass against her during the subsequent election cycle.  Once Mike Anderson was elected he reversed the trace case policy put in place by Lykos.  When Mike Anderson’s wife,  and once again here we are.

Many other metropolitan areas, like Dallas and San Antonio, have a policy to no prosecute under .02 of a gram.  These are still small amounts, but imagine how much less can get you a felony in H-town.

CAUGHT WITH DRUGS?

If you are accused of an offense involving any drug crime

(including possession of a Controlled Substance)

contact attorney Tristan LeGrande by calling 281-684-3500.

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law