Possession of prescribed drugs, in any of their forms, brands, categories, or concentrations, without a legitimate prescription or having more than the prescribed amount, is an unlawful offense with severe legal and financial repercussions. People caught with the possession of prescription drugs acquired in an illegal way may face prescription drug charges like a misdemeanor and felony. The penalties may include arrest, charges, prosecution, prison time, court-ordered drug rehabilitation and monitoring, court fines, and another possible life-long record.

Prescription drugs, classified as any pharmaceutical medication that can't be legally sold or obtained without a prescription from a licensed physician, encompass the legal medication categories, including opioid painkillers, stimulants, central systema nervosum (CNS) depressants, and antipsychotics. Prescription drugs are lawful when used to treat medical conditions. However, if the substance is abused, it no longer falls within the legal realm. If the defendant also has the intent to deliver huge amounts of prescribed medicines, he or she may also face major legal troubles.

The abuse of prescription medicine despite their widely acknowledged medical applications can still be dangerous. The opioid medication has seen a rise of misuses and abuses but the US Department of Health and Human Services, with an estimated 11.4 million people currently misusing this category of prescribed drugs. Another public health emergency emerged with stimulants and depressants being often abused in many young adult populations. 

As caused by their high potential for psychological, and physical dependence, and potential for abuse, prescription drug charges are often determined by the schedule category it belongs to. Prescribed drugs are often included by the DEA on Schedule II, III, IV, or V. Substances in those categories are controlled while the brevity of the offenses depends on the propensity for addiction and other unique risks involved in the substance.

The criminal charges and penalties associated with the unlawful use, possession, or distribution of prescribed drugs are primarily dependent upon the drug's federal schedule classification and state-level drug statutes, which vary considerably from state to state. The severity of the penalties related to these charges is usually determined by the quantity of the substance within an individual's possession, the drug type in their possession, and their relative criminal history. While there are notable differences between drug statutes, the illegality of prescription-controlled substance (prescription drug) possession is universal throughout the entire United States.

Crimes Related To Prescription Drugs

No matter the availability of prescription drugs, due to their federal categorization, possessing any prescription medication without acquiring it through legal means, can become an unlawful offense. It can bring a barrage of repercussions to the individual involved. In addition, people who have a drug dependency disorder and have trouble getting the substances lawfully may decide to acquire it through illegal means. The illegal acquisition may begin from prescription fraud to the black market. Illegally acquiring prescription medicines may lead to prescription drug charges and other legal consequences.

Prescription drug charges that are related to any illegal possession, use, acquisition, or distribution of prescribed medicine often fall to the state law which can be subjected to felony and misdemeanor prosecution.

In most instances, misdemeanor charges are applied to small quantities of possession and disorderly offenses, like the illegal use of a prescription. Getting prosecuted for a felony crime is mostly reserved for people caught possessing large quantities of the drug, distribution of prescription drugs, and prescription fraud. The severity of state-level penalties that a person caught with prescribed drugs is going to be subject to is primarily determined by the federal classification (schedule) of the substance in an individual's possession, the number of the substance possessed, and the nature of possession.

Sentences often depend on the state's specific regulations and statutes. Misdemeanor charges can face probation, short-term imprisonment, small court fines, and some court-ordered drug rehabilitation. Meanwhile, felony convictions are more likely to end in extended periods of incarceration (up to 10 years) and excessive fines (up to $300,000).

While most prescription offenses are prosecuted at the state level, certain offenses, like trafficking, are subject to prosecution and charges at the federal level. For instance, under the sentencing guidelines of the Federal Controlled Substances Act, trafficking prescription medication can be a federal felony offense with mandatory minimum penalties of between $100,000 and $5 million in court fines, and a jail sentence of between 1 and 20 years. Those with a history of federal prescription trafficking offenses are going to be subject to penalties more than those for first-time offenders, including a maximum prison sentence of 30 years and a $10 million fine.

Prescription drug offenses associated with the unlawful possession of controlled substances without a prescription are numerous and range widely from simple possession (a misdemeanor) to felony intent to distribute and trafficking. Nonetheless, people who have valid prescription medicines can be subjected to a legal offense if the person is quoted possessing a very huge quantity of the drug or if it's inconsistent with the valid prescription given by a licensed medical professional.

If you are looking for a reputable defense lawyer. Stockmann Law has years of hands-on experience in dealing with criminal defense cases. You can visit them at 6035 Binney Street Suite #200, Omaha,  NE 68104. You can contact them via telephone at (402) 884-1031, or visit their website at http://nebraskainterstatedrugdefense.com