Drug Charges

Drug Charges

It should come as no surprise that it is against the law to possess drugs and prescription medications without a valid prescription. Many people are unaware that you can be charged with a drug possession crime just by being in the place where the drug is being used or stored; this is called a constructive possession charge. You can also be charged in most instances when you know where the drugs or controlled substances are located but they are not physically on your body. An example would be drugs under the passenger seat of your vehicle.

While medical and recreational use Marijuana was legalized in November 2018, there are places and instances where it is not legal. Some of these examples include:

Marijuana Charges

• Medical patients are allowed 2.5 grams a day up to 10 grams per month.
• Recreational users are allowed to possess 2.5 grams at a time and no more than 15 grams in the concentrated form.
• You cannot drive while under the influence or consume marijuana in a vehicle.
• You cannot possess or consume marijuana on a university campus that receives federal funding.

There are many different drug charges with varying degrees of penalties. The severity of these penalties depends upon the type of substance, the amount in possession, and several other factors. They are tied directly to the classification of drug.

According to the DEA:

Schedule I:
Drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse. Examples include: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote

Schedule II:
Drugs, substances, or chemicals with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Examples include: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.

Schedule III:
Drugs, substances, or chemicals with a moderate to low potential for physical and psychological dependence. Examples include: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.

Schedule IV:
Drugs, substances, or chemicals with a low potential for abuse and low risk of dependence. Examples include: xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol.

Schedule V:
Drugs, substances, or chemicals with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples include: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin.

These charges can have the potential impact the rest of your life. These charges hang over your head for years to come. When it comes to your future, you need an ally, someone who can fight for you. That’s where the experienced attorneys at LaBre Law Office come into play; we do not shy away from any case. We will meticulously examine the facts, and we will work together to build a strategy that is appropriate for you and your case.