When it comes to prescription drugs, you may think of using them as no big deal compared to crimes such as marijuana, heroin, or meth. However, possessing these drugs in Colorado without a valid prescription can land you in legal hot water.
This means you cannot legally pop a pill from another person’s bottle. Need a Vicodin? You’ll have to get your own unless you want to potentially end up behind bars.
That is because every prescription drug that is dispensed and used in Colorado must have a valid prescription from a medical professional. Under Colorado Code C.R.S. 18-18-403.5, it is unlawful to possess a prescription drug without a valid prescription. If the drug is a controlled substance, the charge could be a prescription drug crime, such as possession of a controlled substance.
Colorado punishes these crimes harshly. These charges could carry hefty penalties. Get the help you need from a Colorado drug crime attorney.
Common Prescription Drug Charges in Colorado
Having prescription drugs in your possession without a valid prescription can mean criminal charges. Here are some common ones a person may face:
- Unlawful possession of a prescription drug
- Unlawful selling of a prescription drug
- Prescription drug fraud
Unlawful possession of a prescription drug can be a misdemeanor or a felony. The three most influential factors determining penalties are
- The type of drug
- The quantity of the drug
- The defendant’s prior criminal history
For example, possession of 6 ounces or less of marijuana is a level 2 drug misdemeanor, while possession of more than 6 ounces of marijuana is a level 1 drug misdemeanor. Methadone, morphine, and oxycodone are Schedule II drugs, so possession of these drugs in small amounts can potentially lead to felony charges.
The penalties can vary, but it is possible for a person to face more than one year in prison as well as thousands of dollars in fines.
Selling prescription drugs can also be a serious crime. It is illegal in Colorado to sell, offer for sale, give away, or unlawfully administer a prescription drug to another person. If the substance in question happens to be a controlled drug, you could be charged with a felony. The penalties are determined by the amount and type of drug involved.
Selling, administering, or giving away prescription drugs to minors could also be considered a felony. The penalties could include many years in prison and expensive fines.
For prescription drugs that are not controlled substances, the offense may be regarded as a misdemeanor. This would depend on the type and amount of prescription drugs involved.
Prescription Drug Fraud
Prescription drug fraud is a serious crime in Colorado. It refers to illegally acquiring, distributing, and using prescription medications via fraud. This fraud may include falsifying prescriptions, doctor shopping, or forging a physician’s signature. This type of fraud often involves controlled substances like opioids, benzodiazepines, or stimulants, which are tightly regulated under state and federal law.
Common methods of prescription drug fraud include the following:
- Doctor shopping. This involves visiting multiple doctors to obtain multiple prescriptions for the same drug without the physicians being aware of the other prescriptions.
- Prescription forging. This means altering a legitimate prescription or creating a fake prescription to obtain medications illegally.
- Pharmacy theft. This involves stealing prescription pads or medications from pharmacies.
- Impersonating medical personnel. This means pretending to be a healthcare provider to obtain prescription drugs. It could also mean falsely assuming a physician’s, veterinary’s, wholesaler’s, or manufacturer’s title in order to obtain a prescription drug.
Some other types of prescription fraud include altering, removing, or destroying parts of a drug’s labeling and repackaging, delivering, or selling a misbranded or counterfeit drug.
Prescription drug fraud is often charged as forgery, fraud, and illegal possession of controlled substances. A person accused of this crime can face hefty fines and prison time. More than likely, a person will be charged with a felony.
Contact Us Today
Drug crimes can encompass any type of drug, including prescription drugs. You could face penalties for possessing them, so make sure you understand the laws and seek legal defense if you are facing accusations.
A Colorado Springs drug crimes attorney from The Law Office of Andrew Bryant can help you fight any prescription drug charge that you might face. Don’t try to handle them on your own. We will work to get your charges reduced or dismissed. Schedule a consultation by giving us a call at (719) 634-7353.