QUESTION
can a student in possession of adderall with a valid prescription be charged with a felony?
Asked on Oct 07th, 2013 on Education Law - Texas
More details to this question:
my son had 5 of his adderral pills with him at school because there is not a nurse available to administer medication, he holds a valid prescription and showed proof to the school of the prescription, can he be charged with a felony for this offense? Do I have grounds to fight the school for expulsion. He attends Houston ISD.
1 ANSWER
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Possibly. If your son is accused of intending to distribute those pills to students without prescriptions, then yes, that is a crime. However, if your son has never been in trouble with the law before, he may be eligible for a diversion program that will keep the crime off of his record. It generally involves anti drug classes, a period of probation, and no other crimes committed while he's in the program.
His expulsion from school can be appealed, however. See page 17 in the HISD code of conduct here: http://www.houstonisd.org/cms/lib2/TX01001591/Centricity/Domain/17014/Code%20of%20Student%20Conduct%202012-2013.pdf
Answered on Oct 07th, 2013 at 2:20 PM