When Prescription Drugs Turn Into Possession of a Controlled Substance

Are you or a loved one addicted to prescription medication? Here’s what happens when prescription drugs turn into possession of a controlled substance.

If you’re like 28.6 million Americans, you’ve probably illegally used prescription drugs. But Did you know that you can get into legal trouble of possessing prescription drugs? If you’re convicted with possession of a controlled substance you’re looking at 16 months to three years in prison.

Today we break down everything you need to know getting hit with possession of a controlled substance. What are the penalties and repercussions for being caught with prescription drugs? Keep reading to find out!

Common Controlled Substance Prescription Drugs

Not all prescription drugs are considered controlled substances. For instance, things like antibiotics aren’t classified into this category. A controlled substance is manufacture and possession is regulated by the government.

Some common drugs considered controlled substances include opiate-based pain killers like Vicodin and Oxycotin, mood stabilizers like Xanax, and anxiety-reducing drugs like Adderall.

What Is Illegal Possession Of Controlled Substances?

Possessing the aforementioned drugs without a prescription is considered a felony, especially if the intent was to sell them. In most cases, offering someone one of these drugs is considered an intent to illegally distribute.

To convict someone of illegal possession of a controlled substance, a prosecutor to prove that the defendant knowingly possessed the drug.

What Happens If You’re Caught With A Prescription? 

Penalties and punishments for possession of a controlled substance vary. Simple possession would be a misdemeanor while possession with the intent to sell would be a felony. Individuals with a valid prescription are also subject to legal action.

To explain, if someone has prescribed Adderall and is caught in possession of extended-release tablets without a prescription, they can be lawfully convicted.

In addition, if someone posses an expired prescription or doesn’t have a prescription label may get hit with misdemeanor or felony charges.

The penalties for unlawfully possessing prescription drugs include arrest, prosecution, probation, court fines, and jail time.

Those who unlawfully possess Schedule II prescription medicine will likely be prosecuted or face other penalties. The severity of the penalties will depend on the type of drug and state mandates.

What Is A Defense Against Charges?

If you were caught unlawfully with prescription drugs, fighting it will be difficult. It’s best to hire a prescription drug lawyer. This will increase your chances of getting a favorable result. An attorney can help you be proven not guilty or help reduce the charges through a plea deal.

Some defenses often used are:

  • Not intending to sell
  • Not understanding the substance was controlled
  • The drug was for personal use
  • Being under the age of 16

You Can Fight A Possession Of A Controlled Substance Charge 

Getting hit with a possession of a controlled substance charge can be devastating. However, you can fight the charge with the help of a lawyer. The right lawyer can aggressively fight on your behalf.

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