What Are The Conditions Around Drug Possession Charges?

Possessing prescription medication in any concentration, category, brand, or form, without having a legal prescription from a licensed physician or pharmacist, can be considered illegal and may come with severe legal consequences. People who are caught in the act of illegally possessing such drugs can face felony or misdemeanor which may have varying penalties and repercussions. It can include house arrest, suspension of driver’s license, and expensive court 

fines.

Prescription drugs, classified as any pharmaceutical medication that cannot be legally sold or abused of opioid medication were recently labeled as an epidemic by the United States Department of Health and Human Services. There are an estimated 11.4 million people currently misusing this category of prescription drugs. Additionally, to this public health emergency, depressants and stimulants are often abused, especially in young adult populations. Because of their dangerous potential for abuse, and physical and psychological dependence. 

Prescription drugs are classified by the Drug Enforcement Administration (DEA) under the Schedule II, III, IV, or V categories, depending upon the risks and probability of addiction. obtained without a prescription from a licensed physician, encompassing a variety of medication categories. This includes stimulants, opioid painkillers, central nervous system (CNS) depressants, and antipsychotics. Prescription medications are lawful. It is often prescribed to help cure or treat various medical conditions. However, despite having wide use for medical applications, these medications can be abused.

The criminal charges and penalties related to the abuse, possession, or distribution of prescription drugs are mostly dependent upon the drug’s federal schedule categorization and state-level drug mandates. It's going to vary considerably in every state. The brevity of the penalties associated with these charges is typically determined by the number of the substance within an individual’s possession, the circumstance of their possession, and their relative criminal history. While there are notable differences between drug schedules, the illegality of prescription-controlled substance (prescription drug) possession is universal throughout the US.

Despite the availability, there is a federal drug classification that possessing these prescription medicines without any lawful prescription can violate the conditions of the law. If this is the case, it can cause financial or legal consequences. Additionally, individuals with a prescription substance use disorder or dependence who are unable to get these drugs lawfully may address illegal acquisition methods just like the black market and prescription fraud. Both illegal ways to accumulate the medication have legal consequences.

Criminal offenses associated with the illegal use, possession, or distribution of prescription medication typically fall under state law and are subject to a misdemeanor or felony prosecution. Most of the time, misdemeanor charges are applied to small amounts of possession and disorderly offenses, just like the illegal use of a prescription. Felony prosecution is typically given to repeat offenders, prescription fraud, larger possession quantities, and illegal distribution of prescription drugs. The state penalties for an individual caught with prescription drugs are getting to be under the federal classification. The penalties and charges are going to be determined by the substance in an individual’s possession, the amount of the substance possessed, and the nature of possession.

While sentences are largely supported in every jurisdiction and drug schedule, generally speaking, those convicted of misdemeanor offenses can expect to face small court fines, probation, short terms of imprisonment, and court-ordered rehabilitation. Felony convictions are more likely to end in years to decades-long incarceration and expensive fines.

While most prescription offenses are prosecuted at the state level, certain offenses like trafficking, are often prosecuted at the federal level. As an example, under the rules of the Federal Controlled Substances Act, trafficking prescription medication is often subjected to a federal felony offense with a compulsory minimum fine from $100,000 to $5 million. The jail time can range from one year to twenty years. The utmost sentence is 30 years with a $10 million penalty.

Possessing Drugs Without Prescriptions

Prescription drug charges related to the unlawful possession of controlled substances without a prescription are numerous and range widely from a misdemeanor to felony intent in distributing and trafficking.

Whether prescription or otherwise, strict regulations regarding drug possession are put in place. The sole way to legally have a prescribed drug is to possess a prescription from a physician or certified pharmacist. Moreover, one must make sure that the number of a prescription in his or her possession must only be within the prescribed dosage.