Increased awareness, testing, and legal mandates have increased the diagnosis rate for children and adults who have ADD (Attention Deficit Disorder) and ADHD (Attention Deficit Hyperactivity Disorder).
Brand name pharmaceutical drugs such as Concerta, Metadate CD, Metadate ER, Methylin, Methylin ER, Ritalin, Ritalin LA, and Ritalin-SR (generic name: methylphenidate) are commonly prescribed as part of a treatment plan for ADD and ADHD patients. As a result, a large number of people (including children) have ready access to these drugs. Unfortunately, many people do not realize these drugs are highly regulated controlled substances under Texas Law.
It is important for parents and their children to understand that these drugs are controlled substances under Texas Law, and that it a felony to give another person (i.e. distribute) a tablet or capsule that contains methylphenidate.
A child and one of his or her classmates may be taking the same drug and dosage for ADD or ADHD. If a child gives one of his/her methylphenidate pills to a child who, for example, forgot to take their medicine on a given day, the child providing the drug may be charged with distribution of a controlled substance. This crime is a State Jail Felony punishable by 180 days to two (2) years confinement in a State Jail AND a fine up to $10,000. Possessing a prescription drug that is a controlled substance is a serious responsibility, and can have serious consequences.
Dallas criminal defense lawyer Tom D’Amore has taken to verdict more than 100
drug cases. If you have been charged with a drug crime
D’Amore Law Firm to schedule an appointment for a free consultation with Tom.