Prescription Drug Misuse Legal Consequences
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Prescription Drug Misuse Legal Consequences
- 1. Nonmedical Use of Prescription Medications the Legal Consequences Specific penalties will vary from state to state…see your state’s statutes for details.
- 2. What are your career plans?
- 4. Understanding DEA prescription drug classification is necessary to understanding the law.
- 5. How are prescription drugs classified?
- 6. In the United States the Drug Enforcement Administration (DEA), categorizes prescription drugs into various levels of controlled substances. Controlled Substances
- 7. Controlled Substances The term ''controlled substance'' means a drug or other substance, or immediate precursor included in schedule I, II, III, IV, or V. DEA Definitions
- 8. Some common abused drugs: Schedule I: High abuse potential; no current acceptable medical treatment in the U.S. Ecstasy, heroin, marijuana, LSD Schedule II: High abuse potential & high potential for psychological and/or physical dependence (addiction). Ritalin; Adderall, Vyvanse, Dexedrine, codeine, Amytal, oxycodone, OxyContin, Percocet, Roxicet, hydrocodone, cocaine, morphine DEA drug scheduling Controlled Substances
- 10. What are some of the consequences if you are convicted of illegally using a controlled substance?
- 11. Convictions: Being convicted of a crime often involves jail time, fines, and possibly a lifelong criminal record. Jail: Felony terms often range from 5-30 years.
- 12. Fine: Often range from $5,000 to $15,000 when convicted of a felony. Even if you have your conviction record “expunged” or erased there is still evidence that you had a record. The court judge has the final decision as to the exact length of prison time and other penalties. Convictions:
- 14. Do You Know the Law ? Specific penalties will vary from state to state…see your state’s statutes for details.
- 15. True or False
- 18. 2. It is O.K. to posses prescription medicine that do not have your name prescribed on the bottle. FALSE
- 19. 2. It is illegal to posses Rx drugs not prescribed specifically for your use. If you are with friends and it can’t be proven who the pills belong to you may be charged with illegal possession of prescription drugs. Minimum charge Felony
- 20. 3. If you are a minor when you reach 18 your “record” will automatically be wiped clean. FALSE
- 21. 4. Minor’s records are not automatically wiped clean at 18. The records are not automatically sealed, but there are numerous confidentiality restrictions relating to juvenile cases. In general, there is a one-time expungement on cases, if the charge qualifies . There is an additional expungement procedure for diversion on juvenile cases. The final decision is made by the judge overseeing your case.
- 22. 4. If you are convicted with a crime as long as it is a first offense your records will be wiped clean. FALSE
- 23. 4. Even if you get your legal records expunged (erased) there is still evidence that you had a record. Your future employer may ask you specific details of what was expunged or just seeing that something was there may be enough for someone not want to hire you. This may be true for college applications, government jobs, and even volunteer positions.
- 25. Being convicted of a felony may limit your job opportunities, career choices, college options and even where you live.
- 30. The CHOICES You Make Today
- 31. Will Affect Your FUTURE Forever.
- 32. If you suspect someone is abusing and/or addicted to drugs be proactive and persistent… addicts tend to lie and be dishonest as a means of continuing their habit, and as a defense mechanism. They are often even lying to themselves that they have a problem. Seek Professional and Medical advice. Don’t regret ignoring the problem. For additional information on prescription drug abuse, addiction, support groups, and recovery please visit www.StopRxDrugAbuse.org
Notas do Editor
- What are your career plans? How many want to be a doctor? Or other professions in the medical field, Lawyer, Counselor, Teacher, Firefighter, military soldier, coach? College??? These career choices may disappear – be gone forever- if you have a criminal record.
- The DEA defines controlled substance to be…. An immediate precursor- the principal compound used, or produced primarily for use, in the manufacture of a controlled substance; DOES NOT INCLUDE distilled spirits, wine, malt beverages, or tobacco Be aware that there are counterfeit substances on the market- That is people are claiming that they are selling one substance or pill when the reality is …it isn’t that drug. They may even replicated the color, shape, imprints… to look real but you really don’t know what you are getting. The only way to truly know is to only take medicines that have been prescribed to you by your doctor and dispensed by a pharmacist.
- Schedule I , drugs not considered legitimate for medical use. (Not all scheduled substances are pills) fl statue 893.03 Schedule II , considered to have a strong potential for abuse or addiction but that also have legitimate medical use. Includeds opium, morphine,& cocaine. Schedule III , drugs that have less potential for abuse or addiction than Schedule I or II drugs and have a useful medical purpose. Included are short-acting barbiturates and amphetamines. Schedule IV ,a medically useful category of drugs that have less potential for abuse or addiction than those of Schedules I, II, and III. Schedule V ,a medically useful category of drugs that have less potential for abuse or addiction than those of Schedules I through IV.
- For Florida: fl statue 893.13 and 775.082 Felony 1st degree: imprisonment not exceeding 30 years or,by not exceeding life imprisonment 2 nd degree felony by a term of imprisonment not exceeding 15 years Schedule I & II (with a few exceptions) includes narcotics and amphetamines which is oxycodone, adderall, ritalin…. 3 rd degree felony by a term of imprisonment not exceeding 5 years. Schedule III & IV substances plus (some Schedule I hallucinogenic substances (i.e. cannabis) and some Schedule II (to include Amphetamine) Other factors may increase penalties or change a second degree felony to a first degree…. (see next slide)
- Besides the cost of jail time there is the financial cost. Fl 775.083 fines
- Fl 893.13 *If you sell, manufacture, deliver or possess within 1,000 feet of the real property comprising a child care facility, school, park the second degree felony becomes a first degree felony with a minimum of 3 years in prison *crime occurs in a structure or conveyance where any child under 16 years of age is present, the person commits a felony of the first degree, In addition, the defendant must be sentenced to a minimum term of imprisonment of 5 calendar years. *The commission of the crime causes any child under 16 years of age to suffer great bodily harm, the person commits a felony of the first degree, In addition, the defendant must be sentenced to a minimum term of imprisonment of 10 calendar years.
- It depends on what substance you posses and the amount as to the crime you will be charged with. If it is a schedule II drug your could be charged with a 2 nd degree felony unless you are close to a school, daycare, place of worship and/or a child 16 or younger were involved. Then you might get a First degree felony with a 3 year minimum jail time. With of course additional fines. Judges ultimately determine the penalty.
- Unless you have a reasonable explanation for carrying the medicine. i.e. a mother picking up her child’s medication or an adult child getting their sick parents medicine then you might be charged with possession of an illegal substance.
- Fl state 893.136a If you are carrying a friend’s pills they are in your Possession. If you are taking pills from one friend to another friend…you are in possession of these pills. It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner. Just because you say you weren’t going to sell the medication/drugs doesn’t mean the law will believe you…DO NOT CARRY Pills for anyone other than the ones prescribed to you and leave them in the container you received from the pharmacist. ALWAYS carry Rx in the original bottle or container with your name on it. Exceptions may be that a parent picks up their child’s prescription or an adult child is picking up a parent’s prescription if the parent isn’t able to pick it up. Again the judge will determine the penalty.
- Have you heard about the numerous pharmacies that have been robbed and homes whose medicine cabinets have been raided…also many items are stolen that can be easily pawned. The crime rate is dramatically increasing due to the increase in number of people addicted to prescription drugs.
- Good bye…career plans, good bye college, good bye jobs, good bye hopes, good bye dreams, Your life has changed forever.
- Think of the consequences before you say yes to taking prescription medications.