Prescription Drug Charges: What Happens if You’re Caught with Medication Without a Prescription?

Prescription drugs are designed to help people manage pain, mental health issues, and a full range of medical conditions. However, possessing these medications without a valid prescription can lead to serious legal trouble. Many people don’t realize how strict the laws are when it comes to prescription drugs. Here in Nashville, getting caught with prescription medication without a prescription can result in criminal charges, hefty fines, and even jail time.

So, what happens exactly if you’re caught with prescription drugs that aren’t yours?

What happens if I have my prescription drugs in another container?

Like many of us, when we travel, we only take the medication we need and do not carry the entire bottle. It is common to put just the amount of the medication into a plastic bag or other container and take with you on your trip. Without the labeled bottle from the pharmacy or a paper copy of the prescription (which no one carries with them), what happens? Without proof of the prescription, police can arrest you for illegal possession of a scheduled drug. Sometimes this is called “possession of legend drug”.

If you’re caught with prescription drugs and you don’t have the proper prescription, the law will treat it as though you’re possessing an illegal drug, like heroin or cocaine. And the consequences can be just as severe, depending on the type of drug and how much of it you’re caught with. If this happens, immediately get a copy of the prescription from your pharmacist or medical doctor and call an experienced Nashville defense attorney at Waynick Law.

Prescription drug charges in Nashville, TN

There are several drug-related charges possible here in Nashville. They can range from simple possession to more serious crimes like possession with intent to distribute.

• Simple possession. This is the least severe charge and usually applies if you’re caught with a small amount of prescription medication for personal use. Even though it’s considered a lower-level crime, a conviction for simple possession can still lead to fines, probation, and a criminal record.
• Possession with intent to distribute. You could face this more serious charge if law enforcement believes you were planning to sell or distribute the prescription drugs. Even if you weren’t selling or planning on selling the drugs, having a large quantity of items like baggies or scales can lead police to assume you had the intent to distribute. This charge comes with harsher penalties than simple possession, including possible prison time.
• Fraudulent use of a prescription. If you’re caught forging, altering, or using a fake prescription to get medication, you could be charged with prescription fraud. This crime carries even more serious penalties.
• Drug trafficking. These charges apply when large amounts of prescription drugs are involved, especially if they were transported across state lines. These charges are extremely serious and can lead to lengthy prison sentences, especially if you’re caught with a large amount of a controlled substance like opioid painkillers.

Penalties for prescription drug possession

If you’re caught with prescription drugs here in Nashville, the penalties can vary widely depending on a few factors, including the type of drug, the amount, and whether you’ve been charged with similar offenses in the past. Here are some of the potential penalties for prescription drug charges:

• Fines. You could be hit with serious fines, even for a first offense. This amount can range from a few hundred dollars to thousands of dollars, depending on the severity of the charges.
• Jail time. Jail time is possible but not always mandatory for a first offense. However, repeat offenders or those charged with possession with intent to distribute could face months or even years behind bars.
• Probation. Sometimes, a judge might sentence you to probation instead of jail time, particularly if this is your first offense. Probation comes with strict conditions, like regular drug testing, mandatory counseling, and staying out of trouble. Violating probation can lead to more severe consequences.
• Criminal record. One of the most lasting effects of a prescription drug conviction is the effect it can have on your criminal record. A conviction can make it tough to find a job, secure housing, or get financial aid for your education. A criminal record can follow you for the rest of your life, making it important to take these charges seriously.
• Driver’s license suspension. In some cases, a drug conviction can result in the suspension of your driver’s license. This can make it difficult to get to work or school and create challenges in your day-to-day life.

What factors may affect my case?

Several factors can either work in your favor or lead to more severe consequences, depending on the circumstances of your case.

The amount of drugs. The quantity of prescription medication you’re caught with can play a big role in determining what charges you may face. A small amount might result in a simple possession charge, while a larger amount could lead to possession with intent to distribute or even trafficking charges.

Type of drug. The type of prescription drug you’re caught with also matters. Schedule II substances (like OxyContin or Adderall) are considered more dangerous and addictive than Schedule IV drugs. As a result, penalties for possessing Schedule II drugs are usually more severe.

Your criminal history. If this is your first offense, you may face less severe penalties as compared to someone with a history of drug-related convictions. First-time offenders might be eligible for diversion programs or probation, while repeat offenders may face more harsh sentences.

Circumstances of the arrest. The way you were caught with the prescription drugs can also affect the status of your case. For example, if police found the drugs during a traffic stop, they must have followed proper procedures – like having probable cause to search your vehicle. If your rights were violated during the arrest, our Nashville drug crime defense attorney may be able to challenge the charges.

Intent to distribute. Even if you weren’t planning on selling or distributing the drugs, having certain items – like multiple pill bottles, baggies, or scales – can make it seem like you intended to. Our attorney will present evidence to counter this assumption when it’s not true.

What defenses do I have against prescription drug charges?

If you’re facing possession of controlled substances without a prescription, it’s important to get an experienced drug crime defense attorney on your side. Your attorney can help you work through the legal process, build a strong defense, and potentially reduce the charges and penalties you face. Here are some common defense strategies we use in prescription drug cases:

• One possible defense is that you didn’t know you were in possession of the prescription drugs or lack of knowledge. For example, say you borrowed someone’s car and didn’t realize there were medications in the glove compartment. Your attorney could argue that you had no knowledge of the drugs being in your possession.
• If the police didn’t have a valid reason to search you or your property, any evidence they found – including the prescription drugs – could be thrown out. We can review the circumstances of your arrest to determine if your Fourth Amendment rights were violated.
• If you have a valid prescription for the drugs but didn’t have it with you when you were arrested, your attorney will present this evidence in court. As long as you can prove you were legally prescribed the medication, your charges may be dismissed.
• In rare cases, law enforcement may have pressured or tricked someone into committing a crime they wouldn’t have otherwise committed. Proving entrapment could be a valid defense in your case.

What if I’m caught with prescription drugs without a prescription?

If you’re caught with prescription medication that isn’t yours, the most important thing you can do is stay calm and keep your mouth shut. Anything you say can be used against you in court, so remember to exercise your right to remain silent until you’ve had a chance to speak with your Nashville criminal defense attorney.

Upon being charged, contact the skilled drug crime defense attorney at Waynick Law. We understand Tennessee’s laws on prescription drugs and can review the details of your case, explain your legal options, and work to build the best possible defense on your behalf.

If you’ve been charged with possessing prescription drugs without a prescription, it’s critical to act quickly. At Waynick Law, we understand the serious impact of these charges. Our experienced Nashville drug crime defense attorneys are dedicated legal warriors ready to fight for you and your future. Call us or fill out our contact form to schedule your initial consultation today.