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Defenses to drug charges

This blog recently discussed the importance of preparing a strong defense response to drug charges. As part of the process, it can be helpful to be familiar with what the specific defense options are that may be able to help accused individuals facing the weight of drug charges, including prescription drug charges.

Drug possession charges in Texas require that the prosecutor demonstrates that the accused individual knowingly possessed illicit drugs or prescription drugs without a valid prescription. It is important to note that prescription drugs can be illegally obtained, possessed and distributed if the accused individual does not have a valid prescription.

The potential penalties for drug charges in Texas can be serious which is why accused individuals need to be familiar with the criminal defense options available to them. Criminal defense options include that the accused individual lacked the knowledge that they possessed a controlled substance; that the drug was not intended for human consumption; the drug the accused individual allegedly possessed was an approved new drug application under the Federal Food, Drug and Cosmetic Act or if the drug was approved for investigational use under the same Act; the drug is used for a medical purpose such as medical marijuana or is medically prescribed; or if there was an insufficient quantity of the drug to meet the requirements for the charges.

Prescription drug fraud allegations are significant and can result in serious consequences to the accused individual. As a result, accused individuals should be familiar with their criminal defense options to determine which is the best option for their situation and circumstances.

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Barbieri Law Firm, P.C.
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