Health & Safety Code · §481.071

Medical Purpose Required for Prescribing Controlled Substances

Medical Purpose Required for Prescribing Controlled Substances (§481.071): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • A practitioner may prescribe, dispense, deliver, or administer a controlled substance only for a valid medical purpose in the course of medical practice (§481.071(a))
  • The valid-prescription exemption from possession offenses is in §§481.115–481.117

Learn more about this topic

Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.

Start Free Practice

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.