Can a Prescription Be Used As A Defense To A Drug Crime?
Every state in the country has different definitions for controlled dangerous substances (CDS). In Ouachita Parish, as throughout the rest of the state, drugs such as heroin, cocaine, and marijuana fall under this classification. Prescription drugs are also sometimes included in this classification.
Under the drug schedules in Louisiana, Schedule I tops the list and includes the most dangerous types of drugs. The other schedules, those classified between II and V, contain drugs that decrease in dangerous use but increase in use for medical purposes. Below, our Ouachita Parish drug crime lawyer outlines if a prescription can be used as a defense in your case.
When is it Illegal to Possess Prescription Drugs?
There are many different types of prescription drugs that are classified as controlled dangerous substances. Alprazolam, more commonly known as Xanax, is a prescription drug used to treat anxiety, and it is a Schedule IV drug. Carisoprodol is a drug more commonly known as Somadril and it treats muscle pain and discomfort. Somadril is a Schedule II drug.
When a person is prescribed these drugs from an authorized physician, it is not illegal to use them. It is when individuals do not have a prescription for dangerous drugs and they still possess or use them that they could find themselves facing charges.
Using Prescription Drugs Illegally
Even when a person has a valid prescription for a drug, and the prescription is in their name, there are still times when using these substances is against the law. For example, many prescription drugs can make someone feel dizzy, confused, drowsy, and uncoordinated. As such, when a person takes these drugs and gets behind the wheel of a vehicle, they may be charged with drugged driving. It is for this reason that it is critical that anyone with a prescription knows the side effects it can cause, so they do not find themselves in trouble with the law.
There are other actions besides driving that can result in criminal charges related to prescription drugs. For example, prescription drugs are only to be used by the person whose name is on the prescription. As such, when a person sells their prescription drugs to someone else or trafficked the drugs, they can face very serious criminal penalties.
Merely having a prescription in one’s name is not always enough to avoid criminal prosecution, even when a person did not commit any crime. Anyone charged with an offense should speak to an attorney who can provide the solid defense they need.
Call Our Drug Crime Lawyer in Ouachita Parish for Help with Your Case
A conviction for a drug crime can result in many years in prison and will wreak havoc on your life for years afterward. At Whiddon Criminal Defense, our Ouachita Parish drug crime lawyer can fight against your charges to give you the best chance of beating the charges. Call us now at 318-387-2776 or contact us online to schedule a free consultation and to learn more about how we can help.