Prescription Drug Charges

Prescription drugs have been an integral part of the medical industry for as long as they have been in existence. They are a convenient way of getting the relief you need from the pain and suffering that results from many different types of health issues. Partly because they have proven to be so effective, they have become a primary source of abuse for many who have either taken them as a prescription and have become addicted, or tried them recreation ally without understanding the strength of these drugs.

Ohio has a growing number of residents becoming dependent on prescription drugs, which has unfortunately led to many people being arrested for possession of these chemical compounds. With this as the case, having qualified legal counsel can save you a great deal of time and heartache through strong and effective representation.

Columbus Prescription Drug Attorney

It is vital if you were recently arrested for a prescription drug charge that one of your first actions should be to pick up a phone and call a capable criminal defense attorney to represent you. An attorney will be able to seek out all the relevant factors and produce a defense argument that puts you in a favorable legal position.

Brian Joslyn is a rising star in the Columbus legal community and has already gained a reputation as a client-focused and extremely aggressive criminal defense lawyer who will do everything in his power to protect your rights. With a strong understanding of the our legal system, Brian Joslyn is passionate about shielding others from the severe consequences that could arise from a situation that involves manipulative cops and judges and a process that stacks the odds against individuals who do not fully comprehend their rights.

Representing individuals and families throughout Central Ohio, including Franklin County, Pickaway County, Madison County, Delaware County, Licking County and Fairfield County, Brian Joslyn is committed to his fellow Ohio residents and will stick with them for as long as this difficult situation takes to get solved.

Call (614) 444-1900 or send an online message today to schedule a free and confidential consultation to go over the details of your prescription drug charge case today. Brain proudly represents individuals throughout central Ohio, including but not limited to the cities of Columbus, Ashley, Dublin, Gahanna, Upper Arlington, Minerva Park, London, West Jefferson, Pataskala, Utica, Bremen, Lancaster, Circleville and Ashville.


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Ohio Prescription Drug Laws

The exact legal wording of Ohio's law concerning prescription drug charges can be found in the Ohio Revised Code (ORC). The Ohio criminal drug offense statutes embodied in Chapter 2925 of the ORC prohibit anyone, except those properly licensed to prescribe and dispense permitted controlled substances under the law, from engaging in the illegal trafficking, manufacture (either by chemical compounding or cultivation), possession, theft, counterfeiting or distribution of controlled substances.

According to §2925.11 specifically, no person shall knowingly obtain, possess or use a controlled substance.

Furthermore, under Ohio Rev. Code § 2925.03(C)(2) drug trafficking generally only applies to controlled substances listed in schedules III, IV or V of Ohio’s drug schedule. The penalties for drug trafficking charges vary depending on the amount of the substance, they type of drug and whether the offense occurred in the vicinity of school or juveniles.

Penalties

Possession of prescription drugs is generally going to be a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony of the fifth degree. A misdemeanor of the first degree comes with a presumptive sentence of not more than six months in jail and / or up to a maximum of $1,000 in fines. A felony of the fifth degree, if convicted, comes with a potential sentence of up to 12 months in jail and / or a maximum fine of $2,500.

If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated possession of drugs is a felony of the third degree. This would come with a presumptive sentence of no more than five years in prison and / or fines of up to $10,000.

Furthermore, if the drug involved equals or exceeds five times the bulk amount, aggravated possession is considered a felony of the second degree (up to eight years and / or $15,000). If the drug equals or exceeds fifty times the bulk amount, it is considered a felony of the first degree (up to ten years and / or $20,000). If the drug involved equals 100 times the bulk amount, it is a "major drug offense" and carries, if convicted, a mandatory maximum sentence for a first-degree felony (10 years and / or $20,000).


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Common Types of Prescription Drugs

There is a relatively small list of prescription drugs that individuals are usually caught with in Columbus, Ohio. The most common of these includes the following:

  • Oxycontin
  • Hydrocodone
  • Ativan
  • Xanax
  • Percocet
  • Valium
  • Morphine
  • Lortab
  • Vicodin
  • Soma

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The Stop Trafficking of Pills Act (STOP)

Ohio just recently introduced the STOP Act which sets its sights on decreasing prescription drug trafficking and "doctor shopping" in Ohio by limiting Medicaid recipients to a single doctor for the extended duration of his/her treatment when receiving medication of high-risk prescription drugs, such as Oxycontin and Percocet. The new bill which seeks to create a "lock-in" program for Medicaid beneficiaries resembling legislation of other states who battle lofty prescription drug trafficking crime rates.

With the main goal of reducing prescription drug trafficking crimes in Columbus and throughout the state, Ohio STOP Act would amend Title XIX (Medicaid) of the Social Security Act (SSA) to require state Medicaid plans to identify prescription drugs that present a high-risk of misuse. It also seeks to limit a patient to one physician when obtaining a prescription drug as well as have an exclusive pharmacy to receive physician-prescribed medications, and limit the amount of times a patient may obtain to a high-risk prescription drug to no more than once every 20 days. The new law also requires identification of potentially excessive dosage levels and persons who have been convicted of a drug-related offense.

Although this new law is trying to fix the prescription drug problem, and certain aspects of it may have some positive impact, it also increases the likelihood that you could be charged with a criminal offense if you do not know the legal wording and requirements. Working with a criminal defense attorney will ensure that you do not fall victim to miscommunication or ignorance of new laws put in place.


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Joslyn Law Firm | Columbus Prescription Drug Arrest Lawyer

If you or a loved one is currently charged with a prescription drug offense in Ohio, now is the time to get started developing a defense strategy that effectively articulates your argument in order to increase the possibility of a favorable verdict. The most efficient manner of doing so is to work with a qualified criminal defense attorney who has the experience and knowledge required to represent you in a way that put you in a strong position to beat the charges and move on with your life.

A criminal conviction will likely bring unfortunate effects to your life, be it socially, professionally or financially. This can ruin relationships, degrade earning potential and may even make you ineligible for to pursue jobs in certain professional industries. With all there is to lose, nothing should be left to chance. Working with Columbus attorney Brian Joslyn will enable you to comprehend the brevity of the situation and how immediate action needs to be taken. His assertive yet measured approach will allow him to take all factors into account while making certain nobody takes advantage of you during this delicate and stressful process.

Joslyn Law Firm proudly represents individuals throughout Central Ohio and offers free consultations to go over your prescription drug charges in a confidential and friendly environment. To schedule a risk-free consultation call (614) 444-1900 or send an online message today. Brian is ready and willing to help individuals from Columbus, Ashley, Dublin, Gahanna, Upper Arlington, Minerva Park, London, West Jefferson, Pataskala, Utica, Bremen, Lancaster, Circleville and Ashville, among others.