It might sound like a lawyer-created excuse, but getting charged for carrying prescription drugs that aren’t yours is more common than you’d think. What if you’re picking up pain medication for your wife after surgery, or put your niece’s inhaler in your purse while she attends a birthday party?
Possessing controlled substances that aren’t yours – even without criminal intent – can still lead to misdemeanor or even serious felony charges in Georgia. Immediately discuss prescription drug possession charges with the experienced drug crimes defense attorneys at Ghanayem & Rayasam in Atlanta GA, today.
Understanding Prescription Drug and Controlled Substance Possession Charges in Georgia
As a rule, it is unlawful for any person to possess a controlled substance without a valid prescription (GA Code § 16-13-30(a)). Not all prescription drugs are controlled substances; only those listed on the federal drug schedule are. OxyContin, for example, is a Schedule II controlled substance, while prescription birth control pills are not. It is also illegal to possess prescription drugs with the intent to distribute those drugs to someone other than the patient. This is called possession with intent to distribute (drug dealing) under state and federal law.
Penalties Associated with Atlanta Prescription Drug Possession Charges
If you’re caught with controlled substances that aren’t legally prescribed to you, the potential penalty depends on the nature and amount of the substance. The most severe penalties are reserved for those caught with prescribed Schedule II narcotic drugs that aren’t theirs, including the following:
- Vicodin
- Demerol
- OxyContin
- Fentanyl
- Adderall
- Ritalin
Possessing these substances without a valid prescription is a felony offense in Georgia, punishable by at least one year in prison. If the court finds that you intended to distribute these drugs to someone other than the patient, the offense is punishable by up to 30 years in prison. Contact an Atlanta drug crimes defense lawyer immediately if you were caught with someone else’s prescription drugs.
Defenses to Prescription Drug Charges in Georgia
Experienced drug crimes defense lawyers may work with local prosecutors to get possession and intent to distribute charges dismissed on the following grounds:
Patient Consent and Care
If you’re caught with someone else’s prescription drugs, especially Schedule II pain medications, experienced defense lawyers may argue that you’re authorized to carry or deliver them on behalf of a loved one. Federal drug regulations, specifically 45 CFR 164.510(b), permit pharmacists to release certain prescription medications to family members and friends involved in the patient’s care. This might include your parents, children, spouse, or grandparents. Proving the nature of your relationship is critical in such cases, but this is a strong defense to prescription drug possession charges in Atlanta.
Unlawful Searches and Seizures
Police officers must conduct a detailed search to catch you with someone else’s prescription drugs. This occurs typically if they discover the drugs during an arrest or while executing an unrelated warrant. Constitutional criminal defense lawyers might argue that law enforcement unlawfully obtained this evidence, getting it excluded from consideration at trial.
Atlanta Drug Crimes Defense Lawyers for Prescriptions
If you were caught with someone else’s prescription drugs, our dedicated criminal defense attorneys might get the charges against you dismissed under federal regulations and constitutional law. Discuss the potential penalties and available defenses in your case with our controlled substance possession defense team today by calling (404) 561-0202 or connecting with us online.