Prescription Drug Laws in Illinois

 Posted on December 00, 0000 in Criminal Defense

Many people are under the false impression that because medications can be obtained from a pharmacy, the prescribed drugs cannot be harmful to their health. Some of these people also do not understand the physical dangers or legal repercussions of taking, buying, selling, or possessing prescription drugs that were not prescribed specifically to them. Even though certain medications may be safe for the people to whom they are prescribed, they can cause significant damage to the health of those that take them without a valid prescription.

According to a 2013 study by the Centers for Disease Control and Prevention, prescription drug overdoses have increased 400 percent for females and 265 percent among males over recent years. As such, the government has recognized prescription drug abuse, sale, and delivery a critical problem that must be criminalized. The Illinois government implemented the Illinois Prescription Monitoring Program to provide an outlet to record prescription disbursements among patients and provide resources for those who may need help, but prescription drug distribution and abuse is still a monumental issue in Illinois.

Prescription Drug Law in Illinois

The Illinois Compiled Statutes (720 ILCS 570/5) explain the illegality of knowingly manufacturing, delivering, or possessing with intent to manufacture or deliver a controlled substance (other than methamphetamine, which has its own laws). The definition of a “controlled substance” is also provided in this act, and it enumerates what the “schedule” is, or the government’s determination of the potential of abuse. According to the Drug Enforcement Administration, drugs are classified in one of five schedules: Schedule 1 drugs are considered the most addictive and dangerous. Common Schedule 1 drugs include heroin, LSD, marijuana, and ecstasy. Prescription drugs generally fall within Schedules 2-4, including commonly abused drugs such Demerol, OxyContin, Adderall, Ritalin, Vicodin, Valium, and Xanax.

Possessing these drugs without a valid doctor’s prescription can lead to severe penalties, even if you have not ingested the substance. This can range from one to three years in jail to up to 30 or more in prison. There may also be steep civil monetary fines associated with these charges. If you do have a lawful prescription, remember it is unlawful to share your prescription with others, even if you consider them close friends or family members. Always keep your own prescriptions in their bottles with your name on them so you can resolve any dispute if you are questioned about them. The best practice is to avoid taking any medication from someone you do not know, or know well, and to keep your own medication to yourself.

Prescription Drug Criminal Defense Attorneys

Prescription drug abuse allegations should not be taken lightly. If you or anyone you know has been accused with possession, control, or attempted delivery of a controlled substance, it is important to consult an attorney to protect your legal rights. Our DuPage County defense attorneys have the knowledge necessary to navigate the criminal justice system and work toward a favorable outcome.  The sooner you consult with a lawyer, the better your chances are at having your charges dropped or lessened to a less severe charge. We will listen to the facts of your case and offer this initial consultation at no charge to you. Contact Kathryn L. Harry & Associates, P.C. at 630-472-9700.