Virginia Beach Prescription Drug Attorney

Did you know that, if you are found to be in possession of certain prescription drugs, you could face a criminal charge for drug possession? Indeed, both federal and Virginia state law restrict the use of certain medications without a valid prescription. As a result, if you are found in possession of certain medications that have not been prescribed to you, you may face criminal charges.

As one of the leading forms of addiction, prescription drug abuse is a growing problem in our nation. In an effort to deter prescription drug abuse, the most commonly abused medications are now included in the federal narcotics classification system, or Controlled Substance Act (CSA).

Under the CSA, all controlled substances are grouped into one of five categories, or schedules, based on the drug’s potential for abuse. The penalties for illegally using or possessing a particular drug are then determined based on its category. For example, Schedule I and Schedule II drugs are considered the most dangerous of the five categories; therefore, the penalties for possessing any drug in this group are more severe.

The most abused prescription drugs typically fall into one of three categories—opiates, depressants, or stimulants. Opiates include many medications that are used to treat pain, such as OxyContin, Vicodin, and Demerol. Depressants such as Valium and Xanax are often prescribed for anxiety and sleep disorders. Stimulants like Dexedrine, Ritalin, and Adderall are often used for weight loss or ADHD treatment. Unsurprisingly, in addition to being the most commonly abused drugs, all of these medications are also classified as a Schedule I or Schedule II drug.

In the state of Virginia, possession of a Schedule I or Schedule II drug is a felony offense. If convicted of a Schedule II drug charge, your sentence may include up to two years in prison, and/or a $2,500 fine. Schedule I substances, on the other hand, can lead to a 10-year prison sentence, in addition to a $2,500 fine.

If you have been charged for illegally possessing prescription drugs, it is important for you to speak with an attorney immediately. In many cases, you may able to fight your charges, and avoid having a drug conviction on your criminal record. To determine the best defense strategy for your case, contact attorney Michael C. Tillotson today for a free consultation.