You could be arrested for opioid abuse or even for using an opioid you have a prescription for. Drugs are classified into five categories, or schedules. The more a drug may be abused because of addiction, the lower the schedule number. For example, Schedule 1 drugs include anything that is illegal such as LSD, heroin, marijuana, peyote, ecstasy, and others. If a drug is not listed as a controlled substance, you could still be criminally prosecuted for it if it is a Schedule 1 substance.
Schedule II drugs include those that are more than likely to be abused and are very addictive. They include drugs such as cocaine, methadone, oxycodone, Dexedrine, Ritalin, fentanyl, Adderall and more. Schedule III drugs have a moderate or low potential to be addictive. They include substances that have less than 90 mg of codeine per dose, such as Tylenol mixed with codeine, anabolic steroids such as testosterone, and ketamine.
Schedule IV drugs have a low rate of dependence and abuse and include tramadol, Xanax, Darvocet, Ambien, Valium, and others. Finally, Schedule V drugs have a very low potential for dependency and abuse and include drugs that have less than 200 mg of codeine per 100 mL. These drugs include Lomotil, Lyrica, Robitussin AC, and others.
You could be arrested for any type of drug crime, even if you are not doing the drugs. Some of the types of criminal drug arrests include:
- Distribution and sale of drugs;
- Manufacture/cultivation of drugs;
- Possession of cocaine, marijuana, heroin, methamphetamines and/or ecstasy;
- Drug trafficking;
- Distribution of medical marijuana;
- Felony drug trafficking;
- Possession with intent to sell or deliver for cocaine, marijuana, methamphetamines, ecstasy and/or heroin; and
- Prescription drug crimes.
If you are charged with possession in Michigan, you may be facing serious penalties. Prosecutors and police also try to add additional accusations such as intent to sell or deliver, especially in arrests that involve a large number of drugs. Felony penalties could range from 20 years up to life in prison and up to $1,000,000 in fines if you do not have a Michigan drug attorney representing you. A misdemeanor could get up to 93 days behind bars. Even possession of a very small amount of marijuana could get you up to 4 years in prison if the prosecutor is able to make a charge of intent to sell or distribute stick.
Misusing Prescription Drugs
Carrying prescription drugs that you have been legally prescribed could get you into trouble if you are not carrying the prescription with you. While you may not want to risk carrying a whole bottle of oxycodone with you for fear that you may be robbed, if you do carry a few pills with you, you could be arrested if you don’t have the prescription bottle. The date on the prescription bottle should also be valid.
Other ways you could get arrested for using prescription drugs include:
- Taking the prescribed medication just for the effect it causes;
- Taking the prescribed medication in a manner that was not prescribed; and
- Taking someone else’s prescription medicine.
Misuse of prescription medication includes taking the medication in its normal form, crushing pills, dissolving the powder in water, opening a capsule, snorting the powder from crushing the pills or opening the capsule and injecting a mixture of the power and water into a vein.
If You Are Arrested
If the police stop you, you do not have to answer any questions. If the police want to talk to you, they probably do not have enough evidence to charge you and you may end up incriminating yourself if you answer their questions. Always let a police officer know that you would like an attorney after you have been read your Miranda rights. You are not officially under arrest until you have been read your rights. While you shouldn’t answer questions before you are arrested, you definitely should not answer questions after you are arrested.
If You Are Arrested for Transporting Medical Marijuana
If you have a prescription for medical marijuana, the statutes outline how it must be transported. Be sure you know how to transport the substance in a safe manner and have your prescription with you at all times. If you are stopped and arrested for medical marijuana, you should contact a Michigan drug lawyer as soon as possible.
If You Are Arrested for Drug Possession
If you are arrested for drug crimes and you did have drugs on your person, you should still contact a Michigan drug attorney. In many cases, an attorney is able to negotiate a lower sentence. And, if the prosecutor or police try to get you for more charges than what you should be charged with, an attorney will work to get those charges dropped. For example, if you had enough marijuana on you for one joint and no pipes, paraphernalia, papers, or another way to smoke it, and you were charged with possession of drugs, possession of drug paraphernalia, and possession with intent to deliver and/or sell, two of those charges may be invalid.
If you don’t have anything but the marijuana on you, you don’t have paraphernalia on you. And, if you have enough for one joint, you definitely don’t have enough to sell if you intended on smoking that little amount yourself. Drug charges could easily add up if you do not have someone who knows the law protecting your rights. A misdemeanor could turn into a felony, which could ruin your life.
Contact a Michigan Drug Possession Attorney
If you have been stopped for any type of drug charge, contact a drug possession attorney to schedule a consultation. It is imperative that you take care of the charges against you in a timely manner, especially if you believe you are being charged with crimes you did not commit, such as possession with intent to distribute or sell. A criminal defense attorney will work to protect your rights and, depending on your circumstances, try to get charges reduced or dropped.