11Jan

Is Prescription Drug Possession a Serious Crime?

As you know, a drug offense is an offense where drugs are involved. However, most people do not know that you can get a possession charge with a prescription medication. Remember, in the United States, most of the drug charges and crimes committed are controlled substances or prescriptions. 

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Prescription Drugs and Addiction 

In recent years, there have been a wide variety of prescriptions being abused. Some of the most abused prescriptions are prescriptions used to control pain and anxiety. These types of medications have been known to be extremely addictive. They are also dangerous if not used as directed by a doctor. With that said, many people often dose themselves and do not listen to the label prescribed by a doctor. In many cases, people end up hurt or even pass away due to an overdose. 

Prescription Drug Hotspot 

The United States has a very large problem with people abusing or misusing prescription drugs. In the United States alone, 130 people die a day from overdosing. Each year, 80 billion dollars (about $250 per person in the US) are used for treatment and legal proceedings related to prescription drug charges. 

Let us put all statistics to the side right now. People who have an addiction to prescription medications will face many difficulties in life. Their body and work will be affected, and people often will start spiraling down a hole. In many cases, people will do whatever they need to get their drug of choice. Even if that means facing criminal charges. 

If you or someone you know is experiencing addiction to prescription medication, contact a trusted defense lawyer. Be sure that the defense lawyer is experienced with drug charges and cases. By taking this step, you are going to ensure that you get the assistance needed to fight your case. 

Prescription/Controlled Substance Classifications 

In Louisiana, controlled substances are going to be placed in one of the five schedules. This is based on the Controlled substance act. If a prescription drug is in the schedule, there must be proof or evidence that it can be a public health risk. To do this they will determine if there are any psychological effects or harm. They will look at previous prescriptions to see if they were ever abused and how often they were abused. Keep reading to learn the different schedules of drugs in Louisiana. 

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Schedule I

These are the drugs that have the least medical use and the highest abuse potential. This means that in a medical setting, the drug has almost zero use. Some of the drugs that you can expect to see here are:

  • Peyote 
  • LSD 
  • Ecstasy
  • Heroin 
  • Meth
  • Marijuana 

Schedule II

These are going to be your pain relievers that have a medical use but also have a higher chance of being abused. 

  • Fentanyl
  • Percocet 
  • Methadone 
  • Vicodin 
  • Cocaine 
  • Methamphetamine 

Schedule III

These are going to be medications that do not have the highest chance of abuse. They are going to be medically acceptable but have a potential for abuse. 

  • Tylenol 
  • Codeine 
  • Steroids 
  • Testosterone 
  • Nalorphine 

Schedule IV

These are going to drugs that do not have a high chance of abuse. 

Schedule V

These drugs are going to produce the least possible chance for abuse. These are often your over-the-counter medications. 

  • Robitussin 
  • Lyrica 
  • Other Over the counter medications 

Prescription Drug Charges and Crimes 

The higher the schedule, the more the penalty. For example, if you got in trouble with a Schedule V drug, you are not going to face as severe a punishment as you would for a Schedule I Drug. 

According to the federal laws, you can only possess a prescription if it is in your name, and you are taking it as prescribed. You also must be in possession of no more than the full bottle limit on the prescription label. 

Anything else such as distribution, possession, and other charges can be given if you are not the one with your name on the bottle. Charges are going to vary based on how much drug was there and if this is a repeat or first-time offender. 

You are going to see up to five years in jail with fines. You may also be ordered to do community service and likely will be on probation with this type of drug crime

Wrapping Up: Is Prescription Drug Possession A Serious Crime

Taking the time to know that prescription drug possession is a serious crime is essential. You should never carry prescriptions for anyone else. You should never have more pills or take more than instructed. Do not sell them to anyone or give them away. If you find yourself in a situation with prescription medication, you need to ensure that you have the best defense attorney on your side. One that has experience with drug charges. Contact Carl Barkemeyer, Criminal Defense Attorney today to set up a consultation

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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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