Have You Been Arrested for a Prescription Drug Crime in Raleigh?
Overusing prescription drugs and becoming addicted is a serious problem and is prosecuted aggressively in Raleigh. Abuse of prescription medication has created an opioid epidemic in the United States. Over 15,000 people die each year and approximately 1.2 million visits to the emergency room occur from misuse of opioids. These prescription drugs are highly addictive and costly. Many people go to extreme lengths to obtain such drugs, resulting in illegal possession and trafficking of prescribed drugs as well as prescription drug fraud.
North Carolina has enacted strict laws for the possession and trafficking of these drugs. If you are charged with a prescription drug crime in Raleigh, you have the possibility of jail time, fines, and a permanent mark on your criminal background.
Our defense lawyers at Sandman, Finn & Fitzhugh can provide experienced legal counsel and help you obtain the most favorable results. Since our team consists of former prosecutors, we can develop a strong defense strategy on your behalf and anticipate how the prosecution approaches your case, giving you an advantage in the courtroom. When facing serious penalties for prescription drug crimes, you want knowledgeable and skilled legal representation like ours on your side.
Prescription Drug Offenses
There are two primary criminal offenses you can be charged with regarding prescription drugs:
- Illegal possession
- Illegal possession with the intent to sell, manufacture, and distribute
Additionally, you can also be arrested for committing drug fraud. A person can be arrested for prescription drug fraud due to:
- Obtaining prescription drugs through fraud, forgery, or dishonesty
- Engaging in “doctor shopping” whereby the person seeks treatment from multiple doctors for the same symptoms resulting in obtaining several prescriptions for the controlled substance
- Impersonating a physician
- Manufacturing or distributing a controlled substance through the use of a false or stolen
registration number
Types of Prescription Drugs and Schedules
Prescription drugs are classified as Schedule II-V drugs. North Carolina uses a complicated sentencing system that considers several factors, including the person’s prior criminal history.
The following are common types of prescription drugs in each schedule:
- Schedule II – Fentanyl, oxycodone, codeine, morphine, amphetamine, Adderall, and opium
- Schedule III – Vicodin, Tylenol with codeine, anabolic steroids, ketamine, and testosterone
- Schedule IV – Xanax, Valium, Ambien, Tramadol, Soma, Ativan, and Darvocet
- Schedule V – Robitussin, Lyrica, Lomotil, Parepectolin, and Motofen
Illegal Possession of Prescription Drugs
If you are arrested for possession of prescribed medication without a valid prescription, the penalties you face depend on the type of schedule the drug is classified under. Since there are no prescription Schedule I drugs, many of them fall between Schedules II and V.
Penalties
Here are the range of sentences a person can face for each drug classification:
- Schedule II, III, and IV. In North Carolina, illegal possession of Schedule II, III, and IV drugs is mostly considered a Class 1 misdemeanor, punishable by a maximum jail sentence of 120 days and a discretionary fine. There are some exceptions when illegal possession of prescription medication is a Class I felony, which results in a maximum prison sentence of 12 months.
- Schedule V. This offense is a Class 2 misdemeanor with a possible punishment of up to 60 days in jail and a fine of up to $1,000.
Illegal Possession with Intent to Sell, Manufacture, or Distribute
Similarly to possession charges, penalties for possession with intent to manufacture, sell, or deliver a prescription drug depend on the classification of the medication and other factors.
Penalties
Here are some possible sentences you can face:
- Schedule II – Selling is a Class G felony, which results in a maximum prison sentence of 31 months. Manufacturing and distributing a Schedule II substance is a Class H felony, punishable by a maximum prison sentence of 25 months.
- Schedule III-IV – Manufacturing or distributing Schedule III, IV, or V drugs is a Class I felony. Selling these substances is a Class H felony.
Contact the Lawyers at Sandman, Finn & Fitzhugh When Charged with a Prescription Drug Crime in Raleigh
If you are charged with a controlled substance crime, you should seek legal counsel immediately. You can receive severe punishment and fines in addition to suffering substantial damage to your professional reputation and personal life. Our experienced Raleigh drug possession lawyers at Sandman, Finn, & Fitzhugh will use our knowledge to protect your rights and help you get the best possible outcome. If you are facing charges, don’t delay. Contact us today by calling (919) 845-6688 or filling out our contact form for a free case review.