Colorado Prescription Drug Crimes
If you have been charged with a prescription drug crime, be aware that it can be just as serious as a charge involving illegal drugs. Do not assume that your case will not be taken seriously by the prosecution or the court. You could be facing heavy fines and time in prison. To get a fair outcome, you need a criminal defense attorney on your side who will protect your rights.
Unlawful Possession of a Prescription Drug
Colorado law prohibits the possession of a prescription drug without a valid prescription. However, if the medication is a scheduled controlled substance, you could be charged with possession of a controlled substance as if you were in possession of any other illegal drug. This would be the case with prescription drugs such as methadone, oxycodone, or morphine—Schedule II controlled substances. As a result, possession of one of these medications without a valid prescription means that you could be charged with a Level 6 felony. The punishment for these offenses can result in charges ranging anywhere from drug felonies that could require prison time as well as drug misdemeanors that could result in lengthy jail time.
Unlawful Selling of Prescription Drugs
The sale or distribution of prescription drugs is also prohibited by Colorado law. And similar to possession charges, the severity of the defense will depend on the type of prescription drugs involved in your case. Scheduled prescription drugs will likely result in a felony charge, while non-scheduled substances will be a misdemeanor. It is important to note that you could face a sale or distribution charge even if no money changed hands. In addition, if law enforcement believes you gave the drugs to a minor, you could be facing a felony charge regardless of the substance involved.
Prescription Drug Fraud
Colorado law also makes it illegal to obtain or attempt to obtain any prescription drug by means of fraud, deceit, or misrepresentation. This can include the following:
- Forging a prescription
- Concealing or misrepresenting facts in order to obtain a prescription
- Tampering with or destroying the labeling or packaging to make the prescription drug appear as something else
- Falsely assuming the identity or title of a physician, wholesaler, manufacturer, or other authorized person in order to obtain a prescription drug
- Selling or distributing a counterfeit or misbranded drug
Prescription drug fraud laws are broadly interpreted by law enforcement and prosecutors in order to address evolving methods of illegally obtaining prescription drugs. In addition, these laws are aggressively enforced. Prescription drug fraud is typically charged as a felony offense, so you can expect harsh penalties in the event that you are convicted.
How a Criminal Defense Lawyer Can Help
Prescription drug cases are complicated, but you do not have to face your charges alone. A criminal defense lawyer can help you in the following ways:
- They can review the prosecution’s case, evaluate the evidence, and identify potential weaknesses
- They can explain your options and the potential penalties
- They can gather exculpatory or mitigating evidence to support your defense
- They can evaluate any plea offers and provide guidance as to whether you should accept or demand a trial
Contact Rodemer | Kane Today
If you have been charged with a prescription drug crime, we can help you find a way forward. Call or email us today to schedule a free consultation with a criminal defense attorney from our firm.