When Is it Illegal to Possess Prescription Drugs in Rolling Meadows?

 Posted on October 10, 2019 in Drug Charges

When most people think of criminal drug charges, they often think of those relating to hard street drugs, such as cocaine, meth, and heroin. However, did you know that even if you have a prescription for a drug, you could still face criminal charges under certain circumstances?

In Illinois, there are many offenses associated with prescription drugs, and many residents are not aware of that fact. For this reason, too many people are charged by overzealous law enforcement. When they are, they often do not know what to do. The first step to take is to speak to a Rolling Meadows criminal defense attorney.

Illinois Law on Prescription Drugs

Under the Illinois Compiled Statutes, there are certain offenses related to prescription drugs that have serious consequences. The statutes stipulate that it is against the law to manufacture, distribute, or possess controlled substances, including prescription drugs. The most common of these drugs fall within Schedules 2 and 4 and include:

• Hydrocodone
• OxyContin
• Ritalin
• Adderall
• Morphine
• Valium
• Vicodin
• Xanax
• Darvocet
• Demerol

When a person is found guilty of any offense relating to these, or any other controlled substances, they face harsh penalties. However, many of those accused do not understand why they were charged.

Types of Illinois Prescription Drug Crimes

Even the smallest act could result in a charge for a prescription drug crime. These most often include:

• Unauthorized possession: When a person is found in possession of any prescription drug that was not prescribed to them, they could face up to 30 years in prison. This is true even if the person in possession of the drug never used it. For example, two friends are out and one asks the other to hold their prescription drugs in a backpack or purse. The person the prescription is for goes home, forgetting to take their medication with them. Under the law, the person still holding it could be charged with a crime.
• Sharing: While everyone wants to help their loved ones feel better, sharing even one pill, even when a person suffers from the same condition, could result in criminal charges.
• Recreational distribution: When a person uses a prescription drug for anything other than treatment of an illness, it is a crime. It is also a crime for doctors to prescribe drugs that are not intended for medical use, or that are in greater quantities than what a person needs.
• Misrepresentation: When a patient lies to a doctor or misrepresents facts in order to gain a prescription, they may be charged with a crime.

Regardless of the crime a person is accused of, they face serious consequences if they are convicted.

Penalties for Prescription Drug Crimes

The penalties for prescription drug crimes, no matter the alleged offense, are always severe. The prosecution will lay charges ranging from a Class 4 felony to a Class X felony. The sentences for Class 4 felonies range from one to three years in state prison. For those convicted of a Class X felony, the penalties are even worse and can include six to thirty years in state prison.

Additionally, there are also certain circumstances that may enhance these penalties. For example, if a person is found in possession of an illegal prescription drug, and a firearm, a judge may double their sentence.

To avoid these penalties, it is imperative that anyone facing charges speaks to a Rolling Meadows criminal defense attorney that can help.

Call Our Illinois Criminal Defense Lawyer Today

After being charged with a prescription drug offense, those accused are often confused and feel hopeless. The situation may not be as dire as it seems, though. At the Law Offices of Christopher M. Cosley, our dedicated Rolling Meadows criminal defense attorney can help. We will scour the law and apply it to the facts of your case to create a solid defense that will give you the best chance of a positive outcome. Call us today at 847-253-3100 for your free consultation to learn more about how we can help with your case.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-25

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1941&ChapterID=53