Memphis Drug Abuse: Tennessee Prescription Drug Crimes

Prescription drugs are so prevalent in our society, and can become so addictive, that some people will abuse them and then do anything to keep getting their “fix.” This may include stealing, forging prescriptions, or buying drugs off the street. Under Tennessee law, prescription drugs, like other controlled substances such as cocaine, marijuana, and heroin, are put into a specific category called a schedule. Within each schedule are specific penalties for possession, distribution, manufacture, and other crimes. These laws are found in the Tennessee Code Annotated Title 39, Chapter 17, Part 4. Part 4 of the TCA contains all of Tennessee’s drug crimes.

What schedule a drug falls into will depend on that drug’s potential for abuse and its currently accepted medical use in the U.S., and that particular drug’s schedule will determine the potential punishment. A Tennessee prescription drug attorney can explain what the potential punishment will be based on the drug involved.

Here are some examples of prescription drug penalties: many opiate-based drugs such as hydrocodone, oxycodone, and codeine are classified as Schedule II substances, which means they have been found to have a high potential for abuse and that their abuse may lead to severe psychic and physical dependence. Some of the brand names for these drugs include Percocet, Oxycontin, and Xolox. Felony possession of these substances is punishable from 3-15 years in prison. Other common prescription drugs include Xanax and Valium. These are classified as Schedule IV substances, and felony possession may result in up to 2-12 years in prison.

Felony possession means that the individual is possessing a large quantity of drugs with the intent to manufacture, deliver, or sell. However, some cases warrant a charge of misdemeanor possession, which means that the possession was only for that individual’s personal use. Whether the charge is felony or misdemeanor possession will depend on the facts of the case. Whatever your case, you should consult a Tennessee drug crimes lawyer immediately if you have been charged with an offense.

Most individuals who have been arrested as a result of illegal prescription activity are not hardened criminals who need to be locked away. Many have no prior criminal record and need treatment and rehabilitation rather than punishment. A Tennessee prescription drug crimes lawyer can help with this. Programs such as drug court can get substance abusers the help they need while keeping them out of jail, and first-time offenders may be eligible for judicial diversion. Diversion allows individuals with no prior disqualifying convictions to complete a term of supervised probation. At the end of probation the charge is dismissed and he or she may have the entire record of the case expunged.

Professionals such as doctors, nurses and pharmacists will also need a Tennessee prescription crimes attorney if they are charged with a drug-related crime. These charges are even more serious if the allegations include large scale trafficking and writing fraudulent prescriptions. Not only could the individual lose his or her professional license, they may face significant jail time if the charge includes a conspiracy or possession with intent to manufacture, deliver or sell controlled substances.

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