Controlled Substance Regulations in Texas

What are the controlled substances schedules and how do they affect prescription medications in Texas?

Controlled substances schedules are a categorization system set up by the U.S. Drug Enforcement Administration (DEA) that defines drugs and other substances according to their potential for abuse, medical use, and safety. The controlled substances schedules are divided into five categories, known as Schedules I through V. The schedules are determined by the drug’s medical value, potential for abuse, and other factors such as its addictive potential.

In Texas, the possession, sale, or distribution of any controlled substance listed on the DEA’s Schedules I-V is strictly prohibited without a valid prescription from a licensed health care provider. Any violations of these rules can result in criminal penalties including fines and imprisonment. Additionally, prescription medications in Texas are subject to certain restrictions:

* Schedule I drugs (such as heroin, LSD, and ecstasy) are highly regulated and may only be prescribed by a doctor in special circumstances.
* Schedule II drugs (such as oxycodone and morphine) may only be prescribed for a limited amount of time and refills are not allowed without authorization from the prescribing doctor.
* Schedules III-V drugs (such as most benzodiazepines and codeine) may be prescribed for longer periods of time but still require the doctor’s authorization for refills.

How do I dispose of expired or unused prescription medications in a safe and legal manner in Texas?

The best way to dispose of expired or unused prescription medications in Texas is to take them to a local drug take-back site. These drug take-back sites are run by law enforcement, public health, and other governmental agencies and can be found at locations such as pharmacies, hospitals, and clinics. Additionally, many pharmacies now offer mail-back programs or collection boxes for safe disposal of medications. Make sure to check with your local law enforcement or public health office for information on local drug take-back sites or mail-back programs in your area.

Are there restrictions on the prescription of opioid painkillers due to the opioid epidemic in Texas?

Yes. In Texas, there are several regulations designed to reduce the availability of opioids and the risk of opioid misuse. These include a 7-day supply limit for acute pain prescriptions, requirements for continuing education for prescribers related to pain management and opioid prescribing, and requirements for prescribers to use the state’s prescription drug monitoring program to check patients’ records before prescribing certain opioids.

What is the process for obtaining a prescription for medical marijuana in Texas?

The process for obtaining a prescription for medical marijuana in Texas is fairly complex. In order to get a prescription, patients must first receive a written certification from their doctor. The certification must be based on the doctor’s evaluation of the patient’s medical history and current condition. The doctor must also determine that the patient has an approved medical condition that would benefit from the use of medical marijuana. After obtaining the certification, the patient must then apply for a medical marijuana card from the Texas Department of Public Safety. The application requires a copy of the written certification and a valid government-issued photo identification card. The patient must also pay an application fee. Once approved, patients can receive their medical marijuana card and begin purchasing marijuana from licensed dispensaries.

Are there limitations on the quantity of prescription medications that can be dispensed in Texas?

Yes. The Texas State Board of Pharmacy sets limits on the amount of prescription medications that can be dispensed in any single pharmacy visit. Limits vary by drug class and are set to prevent stockpiling and potential abuse. For example, the opioid hydrocodone has a maximum limit of a 30-day supply with no refills. Other classes may have different limits.

Is there a prescription drug monitoring program (PDMP) to prevent prescription drug abuse in Texas?

Yes, there is. The Texas Prescription Monitoring Program (PDMP) is a secure database that collects patient-specific prescription information for all Schedule II, III, IV and V controlled substances dispensed in Texas. The goal of the PDMP is to assist healthcare providers in making more informed decisions when prescribing controlled substances and to help prevent the abuse and diversion of these substances.

Can I legally purchase syringes and needles for personal use without a prescription in Texas?

No, syringes and needles cannot be purchased without a valid prescription in Texas. In Texas, a person must have a valid prescription to buy needles or syringes of any size. This includes syringes with needles attached, needleless injectors, insulin pens, and lancets.

What are the penalties for possessing controlled substances without a valid prescription in Texas?

The penalties for possessing controlled substances without a valid prescription in Texas depend on the amount and type of substance. Generally, the penalties range from fines to jail time. For example, possession of up to two ounces of marijuana is considered a misdemeanor and carries a penalty of up to 180 days in jail and a $2,000 fine. Possession of more than four grams of a controlled substance is considered a felony and carries a penalty of up to 99 years in prison and a $50,000 fine.

Is there a Good Samaritan law that provides immunity to individuals who seek help for a drug overdose in Texas?

Yes, Texas enacted the “911 Good Samaritan Law” in 2011 to provide immunity from prosecution for drug possession to individuals who seek help for someone experiencing an overdose.

Do state laws allow for the sale of over-the-counter (OTC) pseudoephedrine products, and are there quantity restrictions in Texas?

Yes, Texas state laws allow for the sale of OTC pseudoephedrine products. However, there are quantity restrictions. The Texas Legislature passed House Bill 471 which requires pharmacies and retailers to limit the amount of pseudoephedrine a person can purchase within a 30-day period to three and a half grams of pseudoephedrine base or its chemical equivalent. All purchasers must also be at least 18 years of age and must present identification in order to purchase OTC pseudoephedrine products.

Are there restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Texas?

Yes, there are restrictions on the sale of certain cough syrups containing dextromethorphan (DXM) to prevent abuse in Texas. Retailers must obtain a valid photo ID from any person under the age of 18 who attempts to purchase any product containing DXM and must keep a record of the sale. Additionally, retailers cannot knowingly sell more than 3 packages of any product containing DXM to the same individual in a 30-day period.

What are the regulations for methadone clinics and medication-assisted treatment (MAT) programs in Texas?

In Texas, methadone clinics and medication-assisted treatment (MAT) programs are regulated by the Texas Department of State Health Services (DSHS). DSHS has adopted rules for the licensing of opioid treatment programs, which include methadone clinics and MAT programs. All methadone and MAT programs must adhere to these rules, which include requirements for patient registration; medication storage and administration; patient assessment; patient education and counseling; staff qualifications; medical records; and reporting of clinical data. Additionally, providers must obtain certification from the Substance Abuse and Mental Health Services Administration (SAMHSA) in order to provide medication-assisted treatment for opioid addiction.

Can I legally purchase or possess synthetic cannabinoids (spice or K2) in Texas?

No, synthetic cannabinoids (spice or K2) are not legal to purchase or possess in the state of Texas. Synthetic cannabinoids are classified as a Schedule I Controlled Substance in the state and possession is punishable by a jail sentence and/or a fine.

What are the penalties for selling or trafficking illegal drugs in Texas?

The penalties for selling or trafficking illegal drugs in Texas vary depending on the type and amount of the drug, as well as the defendant’s criminal history. Generally, convictions for these offenses can result in jail or prison time, hefty fines, and a criminal record that can affect future job opportunities. For example, a first-time conviction for selling or trafficking one to four grams of cocaine could result in two to twenty years in prison and up to $10,000 in fines. Similarly, trafficking 400 grams or more of cocaine is a first-degree felony with a minimum sentence of 10 years in prison and up to $100,000 in fines.

Are there laws that address drug testing in the workplace in Texas?

Yes, there are. In Texas, employers can require drug testing of their employees as long as it is done in accordance with the law. Employers must provide reasonable notice and obtain written consent from each employee before testing them for drugs or alcohol. The law also outlines the circumstances under which drug testing is allowed, such as after a job offer is made, after an accident at work, or in some cases, randomly. Additionally, employers must follow certain procedures for collecting and analyzing the test samples in order to ensure fairness and accuracy.

Can I legally possess drug paraphernalia, such as pipes or bongs, for personal use in Texas?

No, it is illegal to possess drug paraphernalia in Texas. The Texas Health and Safety Code defines drug paraphernalia as “all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Texas Controlled Substances Act.” Possession of drug paraphernalia is a Class C misdemeanor in Texas and is punishable by a fine of up to $500.

Are there restrictions on the sale of prescription drugs through online pharmacies in Texas?

Yes, there are restrictions on the sale of prescription drugs through online pharmacies in Texas. Online pharmacies must be registered with the Texas State Board of Pharmacy and must comply with all laws, rules, and regulations related to the sale of prescription drugs. In addition, online pharmacies must ensure that only authorized personnel fill and dispense prescriptions, and that all drugs dispensed meet federal and state standards for quality and safety.

Do state laws require pharmacies to provide naloxone (Narcan) without a prescription to prevent opioid overdoses in Texas?

Yes. The Texas Department of State Health Services has issued a standing order for naloxone (Narcan) that allows pharmacies to dispense the medication without a prescription. The standing order provides that the medication can be dispensed to individuals who are at risk of experiencing an opioid-related overdose or their family members or other persons in a position to assist them in the event of an overdose.

What are the regulations for the storage and handling of controlled substances in healthcare facilities in Texas?

The Texas Administrative Code, Title 22, Part 13, Chapter 290 governs the storage and handling of controlled substances in healthcare facilities in Texas. This code requires healthcare facilities to adhere to the Federal Controlled Substances Act and the Texas Controlled Substance Act. The code requires facilities to keep controlled substances in a secure location, monitor inventory, use secure storage containers, follow recordkeeping requirements, provide employee training and education, and establish a system for safe disposal of unused or expired drugs. The code also outlines the requirements for obtaining and renewing controlled substance permits and outlines reporting requirements for suspected loss or theft of controlled substances.

Is there a process for individuals to report suspected illegal drug activity to law enforcement in Texas?

Yes, individuals can report suspected illegal drug activity to law enforcement in Texas. The Texas Department of Public Safety (DPS) provides a toll-free number for people to report suspected drug activity: 1-800-242-TIPS (8477). Callers may remain anonymous and all calls are routed to the nearest DPS Regional Crime Stoppers Dispatch Center.

The Texas Department of Public Safety also allows for reporting of suspected drug activity online. People can go to the DPS website and fill out an online form describing the activity they are reporting and their contact information.

Additionally, many local law enforcement agencies in Texas have their own online forms or telephone numbers for reporting suspected illegal drug activity in their jurisdictions.