Most Indiana residents know that the state imposes strict penalties for those found guilty of crimes involving so-called street drugs like heroin, cocaine and heroin. However, many of us are not as familiar with how state law deals with prescription drug crimes.
In fact, Indiana law can be just as strict in dealing with abuses of otherwise legal drugs.
Legend drugs and the opioid epidemic
Indiana law sometimes refers to prescription drugs as “legend drugs” because they are housed in containers bearing the legend “Rx only,” meaning they can only be distributed, possessed or taken with a prescription.
Of course, many drugs are available only by prescription, but the authorities are concerned primarily with the abuse of a small percentage of these drugs.
Some of the most dangerous of these are opioids meant for use in pain management. Experts say the opioid addiction crisis that has ravaged Indiana over the past 20 years is largely due to the widespread use of these drugs as painkillers. These may start out as legitimate uses, but they can lead to addiction and death.
Some of the pharmaceutical companies responsible for putting these opioid medications on the market have been ordered to pay massive fines to help Indiana and other states deal with the issues of addiction and crime associated with the abuse of the drugs.
Meanwhile, the epidemic rages on. Thousands of Indiana residents have died from opioid overdoses in recent years. According to some reports, Indianapolis alone sees two fatal opioid overdoses every day.
Prescription drug possession
Indiana law categorizes controlled substances into schedules based on their perceived risk of abuse and legitimate medical use. Schedule I drugs such as cocaine and methamphetamine are considered to have no legitimate medical use. Other schedules, such as Schedule V, may be distributed, possessed or possessed with a prescription.
Under Indiana law, if you are found in possession of a controlled substance without a prescription, you may face misdemeanor or felony charges, depending on the substance and the quantity. Typically, a person found in possession of four ounces or more of a Schedule V drug without a prescription can be charged with a Level 6 felony. Those found with smaller amounts may be charged with a Class A misdemeanor.
It’s important to note that the charges are similar for those who obtain or possess the drugs with a forged prescription.
Defending against drug charges
Everyone wants to see the opioid addiction crisis come under control and to stop people from dying of overdoses. Some people think the best way to achieve these goals is through aggressively punishing people through the criminal defense system.
But everyone who is charged with a crime — including prescription drug crimes — has the right to a defense. Because the penalties and other issues are so serious, it’s important for those accused of prescription drug crimes to seek help from experienced criminal defense professionals.
