My son was charged with possession of my pain medication (Oxycontin) without my permission. What penalty is he facing if convicted?
Oxycontin is a scheduled II drug in the U.S. according to Broward Drug Lawyers This means its production, distribution, and possession is highly regulated. Oxycontin is prescribed as a pain killer but its possession without a valid prescription is penalized because it is highly addictive.
A Big Loss
The penalty of the possession of oxycontin depends on the amount found in possession. If the amount is less than 4 grams, then it is a third degree felony punishable by a maximum of five years imprisonment and a fine of $5,000.
Broward Drug Lawyer William Moore Explains
A Lot of Time
A person found to be in possession of more than 4 grams of oxycontin can be accused of intent to sell or trafficking the drug. Some states assume this to be the case and do not require any additional proof. In such cases, the prison sentence can be as long as 30 years.
The issue is further complicated because law enforcement officials will take into account the entire weight of a substance that contains oxycontin. This can make possession of even a lower quantity of oxycontin a first degree felony if it absorbs moisture or is mixed with some other substance.
Different states have differing penalties for the possession of oxycontin and the severity of the penalty might vary from state to state. Similarly, some states will expect the prosecution to prove that the person in possession of the drug was planning to sell or distribute it while others will consider mere possession of over a specified weight as proof of intent to sell or distribute the drug.
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