Penalties for Having Prescription Medication that is Not Yours
5 years ago by Justin M. Schiks
The nationwide opioid epidemic has led to a nationwide crackdown on the abuse of prescription medications. Prosecutors are becoming more aggressive in their attempts to punish defendants for prescription drug violations. Now, more than ever, it is important to understand the legal penalties for possession of a controlled medication that has not been prescribed to you and to fight back against aggressive prosecution.
Attorney Justin Schiks is an experienced Woodbury drug crimes lawyer. He can help protect your legal rights during a drug case, so call (651) 986-9652 today to schedule a consultation.
Minnesota legal requirements for the possession of prescription drugs
Section 151.37 of the Minnesota Statutes governs the dispensation of legend drugs. (“Legend drugs” are medications that federal law requires to be dispensed only with a prescription from a licensed medical practitioner.) This statute specifically prohibits a person to procure, attempt to procure, possess, or control a legend drug by any of the following means:
(1) deceit, misrepresentation, or subterfuge;
(2) using a false name; or
(3) falsely assuming the title of, or falsely representing a person to be a manufacturer, wholesaler, pharmacist, practitioner, or another authorized person for the purpose of obtaining a legend drug.
The penalties for possession of drugs that are not prescribed to you
Minnesota possession laws focus on Schedule II medications. These include narcotics such as methadone, oxycodone, fentanyl, Percocet, and Dilaudid. If you possess these drugs without a prescription, you will face criminal charges that depend on the amount you have. If the amount is sufficient for a prosecutor to prove that you had the intent to sell them, you can be charged with a fourth-degree felony and face up to fifteen years in prison and $100,000 in fines. If you are found with a relatively small amount of drugs that are only for personal use, you can be charged with a fifth-degree felony and face up to five years in prison and $10,000 in fines.
Either charge can leave you with a serious drug conviction on your criminal record. This makes it difficult to find employment, attend school, access credit, find a place to live and complete many of the other necessary activities of life. Defendants might also face other consequences, such as losing custody of their children or having their parenting rights restricted by the family court. By taking control of your criminal case, an experienced criminal defense attorney can help mitigate the consequences of a felony conviction.
Experienced, aggressive representation for all drug cases
The consequences of a drug conviction can follow a person for the rest of his or her life. This is why it is so important for defendants to get good legal advice when they face serious drug charges. Attorney Justin Schiks has helped protect many defendants’ constitutional rights throughout the criminal case process. He is an experienced Woodbury drug crimes lawyer, and he can help you achieve the best resolution possible for your case. Call (651) 986-9652 today to schedule a consultation.
