Many people assume that drug possession charges only apply to illegal substances like cocaine or methamphetamine. However, in Indiana, possessing prescription medication without a valid prescription can lead to serious criminal charges. Even if the medication at issue was originally prescribed to a family member or friend, unauthorized possession can result in legal consequences that include fines, probation or even jail time.
Under Indiana law, it is illegal to possess a controlled substance without a valid prescription from a licensed medical provider. Common prescription drugs that can lead to drug possession charges include:
- Opioids (Oxycodone, Hydrocodone, Morphine, Fentanyl)
- Benzodiazepines (Xanax, Valium, Ativan)
- Stimulants (Adderall, Ritalin)
- Sleep Medications (Ambien, Lunesta)
If law enforcement finds someone in possession of a controlled prescription drug without proof of a valid prescription, they can be charged with possession of a controlled substance, which is typically a Class A misdemeanor. However, in some cases, charges can be more severe.
Potential legal consequences of a drug charge conviction
The severity of drug possession charges that an individual defendant may face depends on the amount of the drug found and whether there are so-called aggravating factors at play, such as prior offenses or an alleged intent to distribute.
- Class A Misdemeanor – Punishable by up to one year in jail and fines up to $5,000.
- Level 6 Felony – If the amount of the drug is significant or the person under scrutiny has prior convictions, the charge may be upgraded to a felony, risking a sentence of six months to 2.5 years in prison and higher fines.
- Level 5 Felony – If prosecutors believe that an individual intended to sell or distribute the prescription medication in question, they could face a Level 5 felony, punishable by one to six years in prison.
Even a misdemeanor conviction can result in long-term consequences, including difficulty finding employment, obtaining professional licenses, child custody implications, securing housing, etc.
These are just a few of the reasons why it is important for anyone who has been accused of wrongfully possessing prescription drugs to seek personalized legal guidance and support right away. There is simply too much at stake to treat such charges with anything but the utmost seriousness.