Questions and Answers About Prescription Drug Crimes

When you think of drug-related crimes, you might reflexively envision stereotypical cops-and-robbers stories or legal dramas revolving around street thugs selling illicit substances. However, many drug-related crimes involve the possession or sale of prescription medications. Conviction for these offenses can lead to serious legal penalties.

If you face charges for a prescription drug crime, you need to understand as much as you can about this type of offense, from the way the government grades different drug classes to the potential penalties and possible legal defense strategies. Get started right now by consulting the following questions and answers.

1. What Makes Prescription Drugs Different From Street Drugs?

By definition, any drug prescribed by a medical authority counts as a prescription drug. However, this legality doesn't automatically make the drug in question safer than illicit drugs. It also means that a drug normally legal with a prescription can become an illicit drug without a prescription to validate its use.

Even if you hold a legal prescription for a given drug, you can still break the law by giving or selling that prescription drug to someone else. If someone doesn't have a doctor's prescription for that drug, the mere possession of it can count as a serious legal offense, depending in part on how the government has classified it.

2. How Does the Government Classify Drugs?

The federal government classifies different categories of drugs according to the Controlled Substance Act (CSA). This act assigns drugs to one of five schedules, or categories, depending on their potential for addiction or abuse. The lower the schedule number, the more severe the penalties for illegal possession or sale.

Heroin, LSD, peyote, and marijuana, among others, count as Schedule I drugs. Schedule II drugs include methamphetamine, cocaine, and many common opioids. Ketamine and anabolic steroids fall under Schedule III, while many drugs prescribed for mood disorders fall under Schedule IV.

Schedule V drugs offer the lowest potential for abuse and addiction, although they still require a prescription for legal use. These medications may contain some of the same active substances as Schedule II or IV drugs, only in smaller quantities.

3. What Penalties Can You Face for Illegal Prescription Drug Possession?

The State of Wisconsin does not differentiate between illegal possession of prescription drugs versus illicit drugs in its Legislative Code. Illegal possession of any Schedule I or Schedule II narcotic automatically counts as a Class I felony. A Class I felony in Wisconsin can result in a fine of up to $10,000, a prison term of up to 3.5 years, or both.

Illegal possession of an amphetamine can draw penalties of $5,000 in fines and/or one year in prison for the first offense, with a second offense penalized as a Class I felony. Other, less overtly dangerous drugs may result in misdemeanor charges punishable by up to one year in prison and/or a $500 fine.

4. What Penalties Can You Face for Selling Prescription Drugs Illegally?

The same subchapter of the Wisconsin Legislative Code that assigns penalties for illegal possession of drugs also addresses the illegal distribution and delivery of such drugs, including prescription drugs. Illegal sale of Schedule I, II, or III drugs generally counts as a Class H felony punishable by up to $10,000 and/or six years' imprisonment.

Schedule I and II narcotic sales count as a Class E felony punishable by up to $50,000 and/or 15 years' imprisonment. The distribution of more than 40 grams of cocaine or 50 grams of heroin, for instance, counts as a Class C felony. A Class C felony conviction can lead to 40 years' imprisonment and/or a $100,000 fine.

5. How Do Attorneys Defend Their Clients Against Prescription Drug Crime Charges?

As bleak as a prescription drug crime charge may appear, a skilled attorney may find ways to defend you against it. Some defenses revolve purely around procedural technicalities such as illegal search and seizure. If the circumstances of your arrest violated your rights, the court may dismiss the case against you.

Lack of possession may also serve as a valid defense. This argument may apply in cases where you shared a home with someone else who actually possessed the drug in question. In this situation, the prosecution would have to show that the authorities found the drugs in a part of the home not exclusively under your control.

A related defense involves the principle of unwitting possession. In this defense, you came into possession of the drugs without knowing it. For instance, someone might have given you a bag containing drugs without identifying the contents.

Defenses against prescription drug distribution charges may follow some of these same lines of argument. Your attorney may also argue that the authorities used entrapment, that a doctor prescribed the drugs for your own use, that you didn't know about the drug's illicit nature, or even that you never had the drug in your possession.

Whatever kind of prescription drug crime the authorities may have charged you with, Cohen Law Offices wants to help you achieve the brightest possible outcome for your case. Contact our office today for a free initial consultation.