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What You Need to Know About Possessing Prescription Drugs

By stladmin on September 12, 2021

Drug charges can serve as an unexpected wake-up call. When you’ve been charged with a drug crime, you are probably worried about how a conviction could affect your career or reputation, as well as if you will face jail or prison time, fines and expenses, or probation.

Keep reading to learn more about Wyoming prescription drug charges and the penalties you may face.

Possessing Controlled Substances Without a Prescription Can Result in Drug Charges

Under WY Stat 35-7-1031 it is “unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.”

Many of the controlled substances listed on Schedules I through V are prescription drugs and can only be dispensed with the written or electronic prescription of a practitioner, and no controlled substances included in any schedule may be distributed or dispensed for other than an acceptable medical indication, outlined in WY Stat 35-7-1030. Furthermore, the prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.

You can face significant legal trouble if you are caught with controlled substances without a prescription and will likely face prescription drug charges.

Possession

Even if you have a prescription, you may find yourself in a difficult legal situation where you must prove that you have a valid cause for possessing the controlled substance or face serious criminal charges. The prosecutor’s ability to establish each element beyond a reasonable doubt that you are not lawfully entitled to possess the medicine in a specific quantity or at all is an essential consideration that will determine whether or not you will face prescription drug charges.

Intent to Sell

Illegally selling a prohibited substance can take place in a variety of ways, and it does not always have to involve the sale of illegal substances. Pharmacists, for example, are authorized to lawfully distribute controlled medications. It is an illegal sale of a controlled substance if a pharmacist chooses to sell any of these banned substances outside of the law. It is also an illegal sale if someone is provided medication and has a prescription but then decides to sell that drug to someone else. Even while the seller has a legal right to own and use the authorized drug, selling it to others is prohibited. Intent, mental culpability, and the amount of the prescription drug you have are all indicators of you intending to sell or distribute.

The Most Common Drug Involved in This Charge

Fentanyl

One of the most common drugs involved in this charge is fentanyl. Fentanyl is a drug that is becoming more well-known in the media as a result of its role in the opioid crisis. While fentanyl has a medical function as a pain reliever, it is also used recreationally in addictive and dangerous ways. Despite its widespread medical use, fentanyl is classified as a Schedule II drug under the Controlled Substances Act because it quickly creates tolerance and is highly addictive. It is prohibited to possess without a lawfully obtained prescription from a qualified medical provider.

If you are caught in possession of fentanyl in a small amount without a prescription, you will likely be charged with a misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000. If you, however, possess fentanyl in a larger amount than specified in the list below, the penalty is severe: up to 7 years in prison, a fine of up to $15,000, or both.

WY Stat § 35-7-1031 (2017):

(A) For a controlled substance in plant form, no more than three (3) ounces;

(B) For a controlled substance in liquid form, no more than three-tenths (3/10) of a gram;

(C) For a controlled substance in powder or crystalline form, no more than three (3) grams;

(D) For a controlled substance in pill or capsule form, no more than three (3) grams.

Consequences of a Conviction

First-Time Offenders

Deferred procedures and probation with specified terms and limitations are available to people who have not been convicted of any other drug crimes. The case will be released and dismissed without a finding of guilt if the requirements and criteria are met. Under this clause, a person is only entitled to one discharge and dismissal. WY Stat 35-7-1037.

Multiple Offenses

Multiple prescription drug offenses can result in a prison sentence of up to twice the maximum allowed by law, a fine of up to twice the maximum allowed, or both. WY Stat 35-7-1038.

Schedule a Consultation With Steven Titus & Associates, P.C

If you have been charged with possession or sale of prescription drugs in Wyoming, please get in touch with Steven Titus & Associates, P.C. as soon as possible: (307) 257-7800. Our team of trial attorneys has the expertise and skills required to provide you with advice and direction in facing a prescription drug charge.