Prescription Drug Charges
What are the most common prescription drug charges in St. Louis and St. Charles County?
In recent years, prescription drug use is on the rise, particularly as opioids are abused and used recreationally, without a prescription. Many times addictions occur while a patient is prescribed opioids or other substances and the patient later becomes addicted. Some of the most common prescription drug charges stem from the use of opioids such as OxyCotin, Vicodin, Xanax, Oxycodone or Hydrocodone.
Other common prescription drug charges include Adderall, or other Methylphenidates such as Concerta which are properly used to treat ADHD and narcolepsy. Ritalin and Percocet are also commonly abused and result in drug charges as well. The possession and abuse of ADHD medication is a common occurrence in high schools around St. Louis and St. Charles Counties. It is also common amongst local colleges and universities and lends itself to be popular amongst college aged young adults.
What is the Law on prescription drug charges in Missouri?
Possession or Control of a Controlled Substance - D Felony
In Missouri, all of the above listed and many more prescription drugs fall under the category of a “controlled substance.” Thus, the most common charge related to prescription drugs is possession of a controlled substance.
Under Missouri law, a person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by Missouri Law.
The offense of possession of any controlled substance except thirty-five grams or less of marijuana or any synthetic cannabinoid is a class D felony.
Delivery of a controlled Substance - E to B Felony
Delivery of a controlled substance is a common charge related to prescription drugs because getting ahold of these substances requires someone to have a prescription. Therefore, giving or selling your prescription drugs can create an even more serious felony than possession of the drugs without a prescription.
In Missouri, a person commits the offense of delivery of a controlled substance if, except as authorized in this law he or she:
Knowingly distributes or delivers a controlled substance, attempts to distribute or deliver a controlled substance, knowingly possesses a controlled substance with the intent to distribute or deliver any amount of a controlled substance; knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Except when the controlled substance is thirty-five grams or less of marijuana or synthetic cannabinoid or as otherwise provided by law, the offense of delivery of a controlled substance is a class C felony.
The offense of delivery of a controlled substance is a class B felony if:
The delivery or distribution is any amount of a controlled substance except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person less than seventeen years of age who is at least two years younger than the defendant; or the person knowingly permits a minor to purchase or transport illegally obtained controlled substances.
Distribution of a controlled substance in a protected location: A Felony
Schools, school buses, county and private parks making the distribution charges even more serious.
A person commits the offense of distribution of a controlled substance in a protected location if he or she knowingly distributes, sells, or delivers any controlled substance, except thirty-five grams or less of marijuana or synthetic cannabinoid, to a person with knowledge that that distribution, delivery or sale is: In, on, or within two thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school, or on any school bus; or in, on, or within one thousand feet of, the real property comprising a public park, state park, county park, municipal park, or private park designed for public recreational purposes, as park is defined; or in or on the real property comprising public housing or other governmental assisted housing.
The offense of unlawful distribution of a controlled substance in a protected location is a class A felony.