Edgett Law Firm | April 20, 2017 | Criminal Defense
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.