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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| PRESCRIPTION - USE |
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What is Possession of a Prescription Drug? |
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Possession of a Prescription Drug is having either drug on your person, in your car, or in a place (like your home) that you have control over, even if you are not present at that place without having a valid prescription written for you by a physician.
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First time offenders are eligible to have their convictions taken under advisement pursuant to Section 7411 of the penal code. This means that if the offender successfully completes a term of probation, the charges against him or her will be dismissed. If the offender is under 21 years old, he or she should try to have the conviction taken under the Holmes Youthful Trainee Act (HYTA), which would also dismiss the charge. HYTA should be used instead of 7411 because 7411 can only be used once, and it can be used even after a drug crime has been taken under HYTA and subsequently dismissed. 7411 can be used at any age (link to HYTA).
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Penalties: The penalty for this charge is based on the “schedule” of the controlled substance possessed. You can see the list here (link to “controlled substances”). |
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Possession of a Schedule 1, 2 or 3substance:
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One kilogram or more: up to life in prison and/or $1,000,000
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S450 grams to one kilogram: up to 30 years in prison and/or $500,000
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50 grams to 450 grams: up to 20 years in prison and/or $250,000
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25 grams to 50 grams: up to 4 years in prison and/or $25,000
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Possession of a Schedule 4 substance: up to 2 years in prison and/or $2,000
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Possession of a Schedule 5 substance: up to 1 year in jail and/or $2,000
Licensing Sanctions
First Offense: Suspended license for 6 months, eligible for restricted license after 30 days, with petition to court. Second Offense:Suspended license for one year, eligible for restricted license after 60 days, with petition to court. |
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What Defenses Are There? |
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Mere Presence: |
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If the alleged perpetrator is only in the presence of the prescription drug without having the right to use or control it, he might be innocent. For example, if a husband and wife are in a car together and the husband knows the wife has a bottle of pills in her purse, he is not guilty of possessing it himself. |
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Lack of Knowledge: |
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If someone has prescription drug on them or in their car, but does not know that it is either a prescription drug or that it is present, he is not guilty of possession with intent to deliver. For example, if someone is given a bag of pills to help with his headache and told they are over-the-counter Motrin, he might be innocent if the drugs are actually a prescription drug. |
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Carrying for Someone Else: |
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If the alleged perpetrator is only carrying prescription drugs for someone else (who does have a valid prescription), he might have a defense. For example, if a wife places her husband’s prescription pills in her purse for him because he doesn’t have anyplace to carry them, she might not be guilty of possession. The closer the relationship between the two people, the more likely it is that this defense will work. |
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Related topics |
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