Under Texas law, picking up a prescription that was obtained with a doctor’s stolen or forged credentials can lead to a felony charge for obtaining a controlled substance by fraud, even when the medication itself is a common one like Xanax, and the key question is often whether the patient actually knew the prescription was improper. That issue is front and center in the arrest of model and social media personality Ana Montana, whose legal name is Analicia Chaves and who is the longtime partner of NBA star LaMelo Ball. According to booking records reported by TMZ and summarized by Yahoo, she was booked in Mecklenburg County, North Carolina, on September 28 on two felony counts of obtaining a controlled substance by fraud or forgery and two misdemeanor counts of simple possession of a Schedule IV controlled substance. A warrant alleges that on February 21 she obtained alprazolam prescriptions at a Walgreens using a doctor’s DEA registration and provider identification numbers without authorization. Her defense has disputed the allegations, and she is presumed innocent; her case will be decided under North Carolina law, but Texas has close parallels.
The following is general legal commentary from L & L Law Group, PLLC on how Texas law treats these issues in Collin County and across the Dallas-Fort Worth area. It is not legal advice about any specific case, and everyone is presumed innocent unless and until proven guilty.
Is It a Felony to Obtain a Prescription Drug by Fraud in Texas?
Yes. Under Texas Health and Safety Code Section 481.129, it is an offense to knowingly obtain or attempt to obtain a controlled substance through misrepresentation, fraud, forgery, deception, or subterfuge, including by using a forged or altered prescription or another practitioner’s registration number. For drugs in Schedules III, IV, or V, the offense is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. For Schedule I or II drugs, such as many opioids, it is a second-degree felony. These cases are often built on pharmacy records, prescription monitoring data, and statements from the doctor whose credentials were used.
How Does Texas Classify Xanax?
Although alprazolam is a Schedule IV drug under federal law, Texas places it in Penalty Group 3 of the Texas Controlled Substances Act. Possessing a Penalty Group 3 substance without a valid prescription is governed by Health and Safety Code Section 481.117. Possession of less than 28 grams, including any added fillers, is a Class A misdemeanor carrying up to one year in jail and a fine of up to $4,000, while larger amounts move into felony ranges. Because pill weight counts toward the total, even a modest number of tablets can push a case into a higher category than people expect.
What If the Patient Did Not Know the Prescription Was Fake?
Knowledge is the heart of the case. Section 481.129 requires proof that the accused knowingly obtained the drug through fraud or forgery. If a patient received a prescription from someone they believed was a legitimate provider and simply filled it, the state may struggle to prove that the patient knew the prescription was improper. Prosecutors may point to circumstantial evidence, such as using multiple pharmacies, unusual prescribers, cash payments, or communications about the prescriptions, to argue knowledge. This is why the details of how the prescription was issued and who requested it matter so much.
Can These Cases Be Resolved Without a Felony Conviction in Collin County?
Often, yes. First-time defendants in prescription fraud and possession cases may be eligible for outcomes like pretrial diversion, deferred adjudication community supervision, or reductions, depending on the facts and the person’s history. Collin County and other DFW counties also offer specialized drug court programs for eligible defendants that focus on treatment. A successful deferred adjudication can make a person eligible to seek an order of nondisclosure, which can limit public access to the record, though eligibility rules vary by offense.
What Defenses Might Apply in a Texas Prescription Fraud Case?
Defenses commonly center on lack of knowledge, identity, and the reliability of records. The defense may examine who actually called in or submitted the prescription, whether the accused had a legitimate relationship with the prescriber, whether pharmacy surveillance or signature records prove who picked up the medication, and whether the alleged "stolen" credentials were in fact used by someone else. Chain of custody for pills, lab testing of the substance, and the legality of any search can also be significant.
How L&L Law Group Can Help
L & L Law Group, PLLC defends clients in Frisco, Collin County, and throughout the Dallas-Fort Worth area facing prescription fraud, drug possession, and other controlled substance charges. Our attorneys review pharmacy and prescriber records, test the state’s proof of knowledge, and pursue diversion, deferred adjudication, or dismissal when the facts support it. If you have been contacted by investigators or charged in connection with a prescription, contact L & L Law Group for a confidential consultation.
Is having Xanax without a prescription a felony in Texas? Possession of less than 28 grams of a Penalty Group 3 substance like alprazolam is usually a Class A misdemeanor, but larger amounts or possession with intent to deliver can be felonies.
Can I be charged if my doctor wrote a bad prescription? The state must prove you knew the prescription was obtained by fraud or forgery. If you reasonably believed it was legitimate, that lack of knowledge can be a strong defense.
Do pharmacies report suspicious prescriptions? Yes. Texas pharmacies use the state prescription monitoring program, and pharmacists frequently alert prescribers or law enforcement when they see red flags.