Health & Safety Code · §481.071

Possession

Possession is covered under §481.071 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Valid prescription from an authorized practitioner; Statutory exemption from possession offenses; Practical: 'in the original pharmacy bottle' issue often charged.

Elements you must prove

  • Valid prescription from an authorized practitioner
  • Statutory exemption from possession offenses
  • Practical: 'in the original pharmacy bottle' issue often charged

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Worked examples

Worked example 1

Possession of a controlled substance prescription drug WITH a valid prescription is:

  1. Always a state jail felony
  2. Not an offense if obtained pursuant to a valid prescription from a practitioner — exception under HSC §481.071 / §481.114 Correct
  3. Class A misdemeanor
  4. Class C misdemeanor
Why: Possession of a CS pursuant to a valid prescription from an authorized practitioner is exempted. Practical issue: drugs found outside the original pharmacy bottle — officers may charge §483.041 (dangerous drug) or §481.115 (CS) depending on what is found and circumstances.
Statute: Tex. Health & Safety Code §481.071; §481.114

Statutory definitions for this topic

Practitioner Tex. Health & Safety Code §481.002; §481.071
A person licensed by the State of Texas to dispense, distribute, or administer a controlled substance — physician, dentist, veterinarian, podiatrist, etc. Possession of a CS pursuant to a valid prescription from a practitioner is exempt from possession offenses.