When Are Prescription Drugs Illegal?

Prescribed drugs are legal only for someone who has a prescription and only in prescribed quantities. Unauthorized use of a prescribed drug is a crime in Massachusetts, and if you are charged with that crime, you will need assistance from a Woburn drug crimes attorney.

In this state, prescription drug abuse is an epidemic. The courts are committed to rehabilitation and treatment for most drug offenders, but if you receive a conviction for a serious drug charge, you may face harsh consequences. You must be defended by a Woburn drug crimes lawyer.

You can go to prison or jail, serve probation, and pay a costly fine if you receive a conviction for the unauthorized possession or distribution of a prescription drug in Massachusetts. It is illegal, for instance, to possess any prescription drug that has not been prescribed for you by a doctor.

What is a “Controlled Substance” in Massachusetts?

Massachusetts prohibits the unauthorized possession of any controlled substance, including any substance upon which a distributor or manufacturer has placed a warning against dispensing without a prescription.

The law includes illegal “street drugs” like heroin and cocaine, along with prescription drugs that a doctor has not prescribed. But even if the police find you in possession of an illegal street drug, to convict you of a crime, a prosecutor will need evidence of criminal intent.

What is Required to Convict You of Possessing a Controlled Substance?

Depending on the specific circumstances of your unlawful drug possession case, the following factors may play a role in determining your guilt or innocence:

  1. Lack of a prescription: The state must prove you were in possession of a prescription medication and you do not have a valid prescription for that medication from a licensed physician.
  2. Awareness: To convict you of possessing a drug illegally, the law requires that you knew about both the presence and the unlawfulness of the substance. If the drugs were on your property or person without your knowledge, and you can prove it, you will be acquitted.
  3. Control of the drugs: You must have both “knowledge” and  “control” of a drug’s location and presence to receive a conviction for illegal drug possession. If someone else is storing drugs on your property, you may have no access or knowledge of the controlled substance.
  4. The quantity: Criminal charges in prescription drug cases vary with the drug and its amount. If you possess a large quantity of a controlled substance, you could face drug sales or drug trafficking charges.

Which Prescription Drugs are Commonly Abused?

State and federal law divide controlled substances into five categories or classes. Class A substances are the most dangerous and include heroin, morphine, and fentanyl. Class B substances include opiates, various amphetamines and barbiturates, and cocaine.

Class C includes prescription tranquilizers and narcotics. Marijuana is a Class D substance in Massachusetts, and possession of more than one ounce remains illegal. Class E is for prescription drugs with lower doses of opiates, codeine, or morphine, and drugs such as Klonopin and Xanax.

The most frequently abused prescription drugs include OxyContin and Oxycodone (Class B), Vicodin, Ativan, and Valium (Class C), and codeine-based cough syrups, muscle relaxants, and anabolic steroids (Class D).

How is Illegal Prescription Drug Possession Penalized?

In Massachusetts, the penalties for the illegal possession of a prescription drug depend on the details of the case and your prior convictions (if any). Generally, the unlawful possession of a Class A drug is penalized more harshly than the illegal possession of a Class D or E drug:

  1. Felonies: A conviction for illegally possessing Class A through C drugs may be penalized with a two-to-five-year prison or jail sentence, a fine from $2,000 to $5,000, and a driver’s license suspension for three to five years.
  2. Misdemeanors: Only the illegal possession of Class D and E substances is charged as a misdemeanor. A misdemeanor conviction may be penalized with up to six months in jail, a driver’s license suspension for at least a year, and a fine of up to $500.
  3. Drug court: Some defendants may qualify for drug court. Drug courts stress treatment and rehabilitation instead of punishment and involve treatment programs, random testing, and supervision by a probation officer.

After an Arrest, Take These Steps

If the police arrest you for illegally possessing a prescription drug, be polite and cooperative, but exercise your right to remain silent. You can simply say, “I would rather not answer your questions until my lawyer is present,” then say nothing more.

You will need to contact a Woburn drug crimes lawyer as quickly as possible after an arrest. Don’t even think about representing yourself. The law is too complex, too much will be at risk, and anything you say or any mistake you make can be used against you.

How Will a Defense Attorney Help You?

A Woburn drug crimes attorney will seek to have the charge against you dropped or dismissed. If the police violate your rights during a traffic stop, a search, an interrogation, or an arrest, the court may suppress any evidence they discover, and in some cases, the charge will be dismissed.

If the charge can’t be dropped or dismissed, and you are innocent, exercise your right to a jury trial. However, if the prosecution’s case is persuasive and your conviction is inevitable, your defense lawyer may negotiate for alternative or reduced sentencing.

Which Defense Attorney Should Handle Your Drug Possession Case?

If you are facing a criminal charge for the illegal possession of a prescription drug, you’re going to need the legal representation and advice that an experienced Woburn criminal defense lawyer provides. Promptly bring your case to Contant Law.

Massachusetts criminal defense attorney Michael A. Contant has decades of experience defending those who are accused of drug crimes in Massachusetts. The team at Contant Law will use every legal tool available to win the justice you need.

If you are facing any drug-related charge, schedule a free legal consultation with the criminal defense team at Contant Law by calling our offices at 617-221-8221. Let Contant Law put our legal knowledge and considerable experience to work for you.