Being charged with possessing a controlled substance is no small problem. As many lawmakers and enforcers seek harsh punishments for those unlawfully in possession of these substances, those found with controlled substances could receive harsher punishments than expected. Possession of these substances does not mean that it has to be on your person, it only needs to be near you or in a place where you have access. By providing more information about various substances, we will be able to answer the question- what is considered a controlled substance?
Knowing what is considered a controlled substance and what constitutes possession can help you learn what substances and situations to avoid and ensure that you follow all laws. Although controlled substances can be illegal drugs, some prescriptions are considered a controlled substance. Even if you have a prescription, you could still be breaking the law by having too much. It is best to learn all you can to stay on the right side of the law.
Dangerous Properties
Controlled substances are classified by schedules, with the most dangerous substances being a schedule I drug and the least harmful being a schedule VI. Substances have a range of effects, with some on the higher scheduling end are known to cause physical or mental issues. Substances like heroin, which affects many parts of the body, are more dangerous than others and have a higher punishment for possession.
Addictive in Nature
Although controlled substances can be prescribed by doctors for pain relief, the use of these substances could lead to an addiction. Opioids, in particular, are extremely addictive and are prescribed only for those who have chronic and severe pain. There is a risk that prescriptions for opioids can be abused, which keeps them tightly controlled and limited.
Morphine is a Schedule II substance but is regularly used in hospitals for pain management for patients. It is highly addictive and could be abused by those who are not trained medical professionals administering to others. Substances like these are typically only used or prescribed for serious cases, such as patients who have just come out of surgery.
Medical Value
A controlled substance is also categorized by the medical value that it holds. As mentioned, some substances are prescribed for patients and, although they can be addictive, serve a medical purpose under close supervision and control. If taken as prescribed, the patient has a lower risk of developing an addiction to the medication. These substances are not illegal for patients prescribed them, but those without a prescription could be arrested for possession.
Medicinal Use
Some substances have no medical use, but there are many that can help treat a number of diseases or disorders. An example of this is marijuana. This is still federally considered a controlled substance, but many states have adopted laws to allow its medical use. It has been known to help several health problems from chronic pain to PTSD. Substances like this are considered less dangerous and patients with prescriptions have a legal basis for possession.
Over the Prescribed Amount
Even if you have a prescription for the controlled substance in your possession, because of the highly addictive nature of these types of drugs, they are strictly regulated to avoid allowing them into the hands of someone else as well as the potential for abuse.
If you have a prescription for your doctor, this only allows you to have the prescribed amount. If you have more than what is prescribed, even though you have a prescription, you could be arrested for possession.
How Much is Too Much
If you have a prescription for a medication that is considered a controlled substance, you have a legal basis for possession. However, the prescription only covers the amount that the doctor recommends for your treatment. Anything that exceeds that amount will still be considered possession because it is not doctor prescribed.
How the Brown Firm Can Help
Criminal charges for possession of controlled substances are serious. Defendants face harsh punishments if convicted, both in steep fines and long sentences. If you are facing a criminal charge for possession, it is important that you have someone on your side representing you during this process.
Call the Brown Firm and get in touch with an attorney today and you will have someone by your side fighting for you.
