Louisiana Prescription Drug Crimes and Charges Attorney

The U.S. is a Hotspot for Prescription Drug Abuse

To get an idea of just how serious the prescription drug problem in the United States is, according to the National Institute on Drug Abuse, approximately 130 people die from overdoses each day. The country spends nearly $80 billion a year on treatments, sentencing and legal processes related to prescription drug crimes.

Statistics aside, individuals struggling with prescription drug addiction often face extreme difficulties in every aspect of their life including both their personal affairs and work. And because many individuals with an addiction will go to great lengths to obtain the prescription drugs their bodies crave, they often run into trouble with the law and face criminal charges.

If you or a family member is suffering from an addiction to prescription drugs and facing trouble with the law, the first and best thing you can do to help your case is to obtain a trusted drug defense lawyer. By doing so, you’ll have the assistance you need to build your best defense.

Prescription Drug & Controlled Substance Classifications in Louisiana

In the state of Louisiana and all across the United States, controlled substances are placed under one of five schedules according to The Controlled Substances Act. For a substance such as a prescription drug to be placed on the controlled substance list, there needs to be evidence that it poses a risk to public health, can cause physiological or psychological harm, or has a history or current pattern of abuse – among other reasons.

Below is an outline of the five schedules of controlled substances in the state of Louisiana.

SCHEDULE I: 

Schedule I substances have a high potential for abuse but generally, have no accepted medical uses and include drugs such as Marijuana, LSD, Ecstasy, Heroin, Meth, and Peyote.

SCHEDULE II:

Schedule II substances have a high potential for abuse, and accepted medical uses and include prescriptions such as Vicodin, Cocaine, Methamphetamine, Dilaudid, Demerol, Fentanyl, Oxycontin, Percocet, Morphine, Opium, Codeine, and Methadone.

SCHEDULE III:

Schedule III substances have medium potential for abuse and include prescriptions such as Tylenol with Codeine, Ketamine, anabolic steroids, Testosterone, Benzphetamine, Amobarbital, and Nalorphine.

SCHEDULE IV:

Schedule IV substances have a limited potential for abuse and include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol, and Chloral Hydrate.

SCHEDULE V:

Schedule V substances have the least potential for abuse and include Robitussin AC or Phenergan with Codeine, Lyrica and many other over-the-counter medicines.

You can find a list of all controlled substances as outlined by the DEA here.

Prescription Drug Crimes & Charges

The penalties for prescription drug charges are highly dependent on the schedule classification of the substance. Typically, the higher the classification (Schedule I being the highest) the more significant the penalty.  

According to federal laws, scheduled drugs that are also prescriptions are only permissible to possess in certain quantities as outlined by a valid prescription. All other possession, distribution, or manufacturing of those substances is a punishable crime. Charges for such crimes can be as serious as a felony depending on the details of the case including the type of substance and the amount involved. Most charges range from 0-5 years in jail with the possibility of additional fines, educational courses, community service, and probation.

Louisiana Prescription Drug Fraud

In addition to possession of controlled substances, many methods by which prescription drugs can be obtained are also punishable by law. The most common chargeable methods for acquiring prescription drugs include:

• Doctor Shopping
• Prescription Modification
• Prescription Theft
• Fraud

The most common of these methods is doctor shopping. Doctor shopping is arranging appointments with multiple doctors to present information regarding an injury or illness with the intent of obtaining multiple prescriptions. People will doctor shop for many reasons, including feeding their own addiction and obtaining drugs to sell/distribute.

Doctor shopping and all other forms of drug fraud, no matter the reason, are all serious offenses. For people involved or charged with prescription drug fraud, hiring a trusted lawyer to defend them is their best chance at a quality defense and a reduced sentence.