Prescription Drug Fraud in Texas
How Fraudulent Prescriptions Can Lead to Criminal Charges
Prescription drug abuse and fraud are increasingly on law enforcement’s radar—not just in federal investigations, but right here in Texas courtrooms. Many people mistakenly believe that prescription drug charges are less serious than cases involving street drugs. The reality? Prescription drug fraud is aggressively prosecuted and often treated with the same severity as crimes involving cocaine or heroin.
Whether it’s forging a prescription, “doctor shopping,” or unlawfully possessing medication, prescription drug fraud in Texas can result in felony charges, jail time, and a permanent criminal record. In this post, we’ll break down what counts as fraud, how the law treats it, and what to do if you’re facing charges.
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What Is Prescription Drug Fraud?
Under Texas law, prescription drug fraud refers to any attempt to illegally obtain prescription medications—especially controlled substances in Penalty Groups 3 and 4—through deceit, forgery, or misrepresentation.
Common examples include:
- Forging or altering a prescription
- Stealing blank prescription pads
- Using someone else’s prescription
- Filling the same prescription at multiple pharmacies (doctor shopping)
- Lying to a doctor to obtain medication (fake symptoms, multiple visits)
- Calling in false prescriptions while pretending to be medical staff
- Selling or giving your prescription drugs to someone else
Even one of these actions can result in felony charges, especially if they involve commonly abused drugs like:
- Xanax
- Valium
- Hydrocodone
- Oxycodone
- Adderall
- Codeine-based cough syrups
What Law Covers Prescription Fraud in Texas?
Prescription drug fraud falls under the Texas Controlled Substances Act, particularly Health and Safety Code § 481.129, which makes it a criminal offense to:
- Use a fraudulent prescription
- Possess a controlled substance not obtained through a valid prescription
- Deliver or distribute prescription drugs illegally
- Attempt to acquire controlled substances through misrepresentation or fraud
The law is broad on purpose, giving prosecutors the flexibility to file charges even when no drugs were actually dispensed—intent is often enough.
Is Prescription Drug Fraud a Felony in Texas?
In most cases, yes.
Penalties vary based on the type of drug, amount involved, and whether it’s a first-time offense. Most charges involve Penalty Group 3 or 4 substances (e.g., benzodiazepines, stimulants, low-grade opioids), but the consequences are still serious.
Common charges and penalties include:
- Possession of a fraudulent prescription (1st offense):State jail felony (180 days to 2 years in jail, up to $10,000 fine)
- Possession of 28–200 grams of a PG3 drug (e.g., Xanax, Ritalin):Third-degree felony (2–10 years prison, up to $10,000 fine)
- Distribution or sale of prescription meds:Second- or first-degree felony, depending on amount and whether money changed hands
- Repeat offenders:Sentences can be enhanced with longer prison terms and higher fines
In short, even misusing your own prescription or helping a friend “borrow” pills can put you at serious legal risk.
How Prescription Drug Fraud Is Investigated
Unlike street-level drug arrests, prescription fraud often starts with investigations by:
- Pharmacists
- Doctors and clinics
- Insurance companies
- Law enforcement (including DEA task forces)
Red flags include:
- Early refills
- Visiting multiple doctors (doctor shopping)
- Using multiple pharmacies
- Irregular dosage increases
- Suspicious call-ins from unverified clinic numbers
Once a red flag is raised, investigators may:
- Interview pharmacists or medical staff
- Review medical records and prescription history
- Analyze surveillance footage
- Conduct undercover operations
You can be charged even if you didn’t personally pick up the medication—for example, if your name appears on the prescription pad or if you made the phone call to the pharmacy.
Defenses to Prescription Drug Fraud Charges
The good news: these charges can be fought.
A skilled criminal defense attorney near you may raise defenses such as:
- Lack of intent: You didn’t knowingly attempt to defraud
- Valid prescription: The prescription was legitimate but misunderstood by staff
- Entrapment: You were coerced or encouraged by law enforcement to commit the crime
- Clerical error: The doctor, nurse, or pharmacist made a mistake, not you
- Insufficient evidence: The prosecution can’t prove you committed the act
If you’re struggling with addiction, your lawyer can also advocate for rehab, diversion programs, or probation instead of prison.
Related Charges That May Be Filed
If you’re facing a prescription fraud charge, you may also be charged with:
- Possession of a controlled substance
- Theft or fraud
- Tampering with a government document (for forged scripts)
- Identity theft (if someone else’s information was used)
- Conspiracy or criminal solicitation
These additional charges can increase both the complexity of your case and the potential sentence, which is why it’s essential to work with an experienced attorney near you from the start.
What to Do If You’re Accused
If you’ve been accused or arrested for prescription fraud, don’t talk to police or medical investigators without legal representation. Your statements may be used to build a stronger case against you.
Instead, take these steps:
- Remain silent and request an attorney
- Do not consent to searches or turn over personal records
- Avoid deleting text messages, emails, or pharmacy records
- Contact a criminal defense lawyer immediately
Early intervention can make the difference between felony charges and a favorable outcome.
Conclusion
Prescription drug fraud may not sound as dramatic as trafficking or meth labs—but in the eyes of Texas law, it’s a felony offense with life-altering consequences.
If you’ve been accused of forging a prescription, doctor shopping, or misusing medication, you need to speak with a defense attorney near you right away.
