Many drug crimes involve accusations of misusing prescription or controlled substances rather than misconduct involving prohibited substances, such as street drugs. There are numerous types of medications that pose a higher risk of abuse, including habit-forming pain medications, muscle relaxants, sleep aids, stimulants and even erectile dysfunction drugs.
People who sell their medication to others, who acquire medication on the unregulated market or who openly abuse prescription drugs are potentially at risk of criminal prosecution. Is a valid prescription from a medical professional an adequate defense to such charges?
The details matter in a drug case
Numerous details influence whether or not having a prescription could be part of a defendant’s strategy. First and foremost, timing is a critical factor. If an individual did not have a valid prescription at the time of their arrest but has since sought a prescription from a healthcare provider, the prescription they have may do little to convince the state that the charges brought are inappropriate and unnecessary.
The type of medication and how often people abuse it are also important considerations. Drugs with lower schedule numbers, including Schedule I and Schedule II drugs, tend to carry the most serious criminal charges and penalties. The amount of the drug found by police officers and the criminal record of the person accused can also influence how the state handles drug charges in a prescription medication case.
Those accused of an offense involving a prescribed drug may need help learning about the law, evaluating the state’s case and preparing a response, and that’s okay. Legal support can help those accused of drug offenses minimize the lasting consequences of their charges.