3 FAQs about prescription drug charges

On Behalf of | Jul 21, 2023 | Criminal defense

As the pharmaceutical industry has made great advances, it has also led to a new drug problem.

According to the National Center for Drug Abuse statics, 1.16 million Americans get arrested each year for drug-related offenses. With the rise of opioid addictions, no one has full immunity from developing a problem. When it leads to illegal woes, people often have many questions.

1. What do the courts deem an illegal prescription drug possession?

Both state and federal law requires that anyone in possession of a prescription drug must have personally and legally obtained it via a doctor. Having a drug with anyone else’s name on it makes it an illegally controlled substance. Many of the prescription drugs illegally obtained have a Schedule II classification. Frequently drugs include oxycontin, morphine, Vicodin, and hydrocodone.

2. Can I share my prescription?

While people may think it a harmless endeavor to give a friend or family member a prescription, it may legally get construed as distributing illegal drugs. A person caught doing so may face trafficking or selling charges. When it involves a Schedule II drug, that charge may come with severe consequences.

3. What penalties might I face?

The quantity and type of drug serve as key factors regarding penalties. Getting caught with a few pills may only lead to a misdemeanor charge. When arrested for having a large quantity of Schedule II prescription drugs, it may mean facing felony charges that come with steep fines and a possible five-year sentence. Distribution felony charges may mean serving 15 years in prison and a $10,000 fine.

Not every drug charge has the same outcome. Seeking professional help provides relief during the process and may lead to more positive results.