Felony Charges and Prescription Drugs
If you have been accused of possession, manufacturing, distributing, or trafficking prescription drugs, it is critical to understand that these are extremely serious charges. Indeed, even for certain possession offenses, you may be facing felony charges, and more severe offenses involving the manufacture and distribution of prescription drugs will almost always be charged as felony offenses under the Indiana Code. While it might be surprising to find out that prescription drug offenses can have such severe consequences in Indiana, you should know that most of the drugs classified in the Indiana Code are in fact identified as “controlled substances.”
Although some controlled substances can be possessed and used with a valid prescription from a health care provider, if you do not have a prescription for a controlled substance, you cannot possess it. Further, there is no lawful situation in which you can have such a high amount of a controlled substance (even if it is a common type of prescription medication) that implies intent to distribute that substance — even if you have a valid prescription for a smaller amount. Our Indianapolis drug defense attorneys can tell you more about felony charges and prescription drugs.
Prescription Drugs Are Controlled Substances Under Indiana Law
There are five different classifications of controlled substances under IC 35-48-2, beginning from Schedule I and ending at Schedule V. While controlled substances in Schedule I have no safe and acceptable medical use, generally speaking (meaning Schedule I controlled substances do not typically include prescriptions), there are various types of medications that can be prescribed lawfully in Schedule II, Schedule III, Schedule IV, and Schedule V. Accordingly, any Indiana drug offense laws concerning the possession, manufacture, distribution, and more of a controlled substance can involve prescription drugs when the person does not have a valid prescription for the type and amount of the drug.
Schedule II controlled substances have a high risk of abuse, and these controlled substances include commonly prescribed medications such as morphine, oxycodone (brand name OxyContin), fentanyl, methylphenidate (brand name Ritalin), and dextroamphetamine (brand named Dexedrine).
Schedules III, IV, and V have less risk of abuse than Schedule II drugs but nonetheless do have a risk of abuse. These include commonly prescribed medications such as acetaminophen (brand name Tylenol) with codeine, diazepam (brand name Valium), alprazolam (brand Xanax), and clonazepam (brand name Klonopin).
Possession, Manufacture, Distribution, and Trafficking of Prescription Drugs
Mere possession of a Schedule II, III, or IV controlled substance without a valid prescription can itself be charged as a Level 6 felony in Indiana or a more severe felony if you have any enhancing circumstances, such as a prior conviction or possessing the controlled substance near a school or in a public park, for example, or in the presence of a juvenile, in addition to numerous other possible enhancing circumstances under IC 35-48-1-16.5.
As soon as charges involve allegations of manufacturing, distributing (including the commonly used language of trafficking), or other offenses beyond possession, you will be facing felony charges. The severity of the felony will depend on a number of factors, including the type of controlled substance and the specifically alleged offense.
Contact Our Indianapolis Drug Crime Defense Attorneys Today
Are you facing charges for the possession, manufacture, distribution, or a related offense involving a commonly prescribed medication? An experienced Indianapolis drug crime defense attorney at Rigney Law LLC can begin working with you on a defense strategy today. Contact us for more information.
Sources:
law.justia.com/codes/indiana/title-35/article-48/chapter-2/
law.justia.com/codes/indiana/title-35/article-48/chapter-1/section-35-48-1-16-5/
