Can I Be Charged With Felony Adderall Possession Or Is It Just Misdemeanor?

In 2015 the Texas legislature made some modifications to the Health and Safety Code and one of the additions that they made was a small provision that said that under Penalty Group 2, of which Adderall is a member, that any substances that were covered under Penalty Group 2, that also could be obtained via the FDA approved process or prescription were all of a sudden not covered by the Health and Safety Code. What that meant at the time was that if you were charged with possession of Adderall, while it would have been a felony before 2015, all of a sudden, because a person, not you, in the sense that if you had a prescription you would not be charged, because a person could acquire a prescription for Adderall, then it was not covered under Penalty Group 2 substance and all of a sudden could only be prosecuted as a miscellaneous drug, if at all.

It was at the time, a question of whether or not prosecutors could even prosecute it under the possession of a dangerous drug statute as that was more designed to cover veterinarian drugs and drugs like that not designed for human consumption. But in 2015, that was the state of the law. Unfortunately, in 2017, the legislature enacted a fix. It went into effect on, I believe it was September 1^st 2017 which repealed that entire provision and made it so that no longer was there any penalty exception to Penalty Group 2 for Adderall or for any other FDA approved substances. So for those two years in there, it was true that you could not be charged with possession of Adderall and if you had a case where you are alleged to have possessed Adderall from those two years, then you can only be charged with a misdemeanor. Even for a misdemeanor, I would have your attorney push very hard to resolve that case with a dismissal and to push back on the notion that they could prosecute it as possession of a dangerous drug at the time.

But for years outside of that, from before 2015 or now, from 2018 and going forward, it is still a felony offense to possess Adderall or any other Penalty Group 2 substance that was, at the time covered by that exception and might be authorized for prescriptions by the FDA, it is till now a felony.

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