If you have been charged with drug possession in Boise, ID, you may be able to defend the charge with the help of a good Boise drug possession defense lawyer.
Drug possession is a serious offense in the state of Idaho. When the term drug possession is used, you may think about the more commonly known drugs like marijuana, heroin, meth, or cocaine. However, a less common type of illegal drugs is prescription drugs which are obtained through fraudulent means. Abuse of prescription drugs poses very real risks and hazards, which is why they are regulated under the controlled substance possession laws of the state.
Why Is It Prohibited to Buy Drugs Without Prescription?
Prescription drugs are typically available at a pharmacy. It is illegal to obtain such drugs without a prescription from a qualified doctor. This is primarily because using certain drugs without a doctor’s recommendation can harm you instead of benefiting you. Such abuse of drugs may worsen your medical condition or lead to side effects that can be harmful. Certain medications can also include intoxication that may temporarily impair judgment.
Types of Prescription Drug Frauds
As prescription drugs are not available over-the-counter, people often commit frauds to obtain them. Such frauds typically include:
Impersonating a Medical Professional
A person may impersonate a doctor, doctor’s aide, pharmacist, or another healthcare professional. Such impersonation allows the person to get the prescription drugs. However, this constitutes fraud and is a legal crime.
Creating Fake Prescriptions
Another common type of prescription drug fraud is when a person creates a fake prescription and then uses it to get drugs that are otherwise unavailable.
Using Another Person’s Prescription
In some cases, one person may use the prescription that was originally written by a doctor for another person. This also constitutes as prescription drug fraud and is a crime under Idaho laws.
In some cases, a doctor may be a part of prescription drug fraud. This is the case when a doctor knowingly writes a prescription that the recipient doesn’t need but desires in order to abuse medication. A doctor may also write an unnecessary prescription for controlled substance drugs out of a lack of professionalism.
Types of Prescription Drugs
The prescription drugs which are typically involved in drug crimes and frauds fall under specific categories of controlled substances as defined by the Idaho laws. These categories include:
- Schedule II: Examples of prescription drugs that belong in this category include morphine, methadone, oxycodone, and codeine. As per Idaho Code Section 37-2722, a qualified medical practitioner can prescribe a Schedule II drug through oral or written prescription. In the case of an oral prescription, the pharmacy fulfilling the prescription is required to put it down in writing and file it.
- Schedule III: Examples of Schedule III prescription drugs include ketamine, anabolic steroids, benzphetamine, and phendimetrazine. The prescription drugs in this category are typically used to control pain or appetite, or as anesthesia. A practitioner must prescribe a Schedule III drug in writing or orally before you can get it from a pharmacy.
- Schedule IV: Schedule IV drugs are typically used for pain control. Examples of drugs in this category include lorazepam, diazepam, tramadol, alprazolam, and triazolam.
- Schedule V: Schedule V drugs can only be used for medical purposes and any other uses of the controlled substances in this category are considered illegal. Examples of prescription drugs from this category include codeine, pregabalin, atropine, and ezogabine.
Penalties For Prescription Drug Crimes in Idaho
Prescription drug crimes in Idaho can result in a misdemeanor or felony conviction, depending on which schedule the drugs belong.
If you are found in illegal possession of any narcotic Schedule II drugs, you will face a felony conviction. The penalties for the charge include a prison term of up to 7 years and a fine of up to $15,000. If you are found to possess non-narcotic Schedule II drugs, such as Ritalin, you are charged with a misdemeanor. The possession of a Schedule III, IV, or V non-narcotic drug also results in a misdemeanor charge. The penalties include a prison sentence of 1 year and a fine of up to $1,000.
Hiring a Reliable Drug Possession Defense Lawyer in Boise, ID
If you have been charged with the possession of any Schedule II, III, IV, or V prescription drugs, it is important to have a good lawyer by your side. The penalties for prescription drug crimes are severe under Idaho laws. Here at Hooper Law, we help you put up a solid defense against a drug possession charge. Our aim is to get you a fair trial and try to seek the minimum penalties. Call us today to schedule a free consultation.