Dangerous Drugs And Controlled Substances

Texas law differentiates between possession of a “dangerous drug” and possession of a “controlled substance.” 

A dangerous drug is defined as any drug that is unsafe for self-medication AND that is not included in Schedules I through V or Penalty Groups 1 through 4 as listed in the Texas Controlled Substances Act. Dangerous drugs include, but are not limited to, the following substances:

• Sudafed/Phenylephrine
• Pseudoephedrine, in OTC medications like Claritin D
• Dextromethorphan, a common ingredient in over-the-counter cold medicines

On the other hand, controlled substances are drugs that are included in Schedules I through V or Penalty Groups 1 through 4 as listed in the Texas Controlled Substances Act. The term controlled substance includes the drug and any dilutant or adulterant. The use and distribution of these drugs are highly regulated because of the heightened abuse potential. Some examples of controlled substances are:

Schedule I (Heavily Controlled, No Medical Use)

• Tetrahydrocannabinols (THC) - Cannabis, Marijuana, "pot", "weed", "ganja", "bud", "chronic"
• Diacetylmorphine - Heroin
• Methylenedioxymethamphetamine (MDMA) - Ecstasy
• Psilocybin - Mushrooms
• Lysergic acid diethylamide - LSD, "acid"
• Mescaline - Peyote, San Pedro, Achuma, Peruvian Torch cacti

Schedule II (Heavily Controlled, Limited Medical Use)

• Benzoylmethylecgonine - Cocaine
• Methylphendiate - Ritalin, Concerta
• Opium
• Methadone
• Oxycodone - OxyContin, Percocet, Percodan
• Morphine
• Pure Codeine
• Pure Hydrocodone
• Amphetamines - Methamphetamine
• Phenylcyclidine (PCP)
• Short-acting Barbiturates - Pentobarbital

Schedule III (Moderately Controlled, Accepted Medical Use)

• Anabolic Steroids
• Ketamine
• Marinol
• Codeine or Hydrocodone with a NSAID or acetaminophen - Vicodin, Lortab, Lorcet

Schedule IV (Lightly Controlled, Limited Dependency Risk)

• Benzodiazepines - alprazolam (Xanax), diazepam (Valium)
• Dextropropoxyphene - Darvon, Darvocet

Schedule V (Very Light Control)

• Cough suppressants with codeine
• Some anti-diarrheal treatments

source: dea.gov

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Attorney for Drug Possession

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