When the “War on Drugs” began several decades ago, the focus of law enforcement agencies and lawmakers was on illicit, or “street,” drugs such as cocaine and heroin. By the turn of the 21st century, however, a new and potentially more dangerous nemesis had emerged – prescription drugs. By their very nature, prescription drugs present a more complex challenge for lawmakers and law enforcement agencies because they can be legal. In recent years though, abuse of prescription drugs has reached epidemic proportions across the United States according to many experts. Consequently, lawmakers across the country, including the State of Tennessee, have scrambled to strengthen criminal laws involving prescription drugs as well as to increase the penalties for a violation of those laws. If you have been charged with a prescription drug offense, or you are the loved one of someone who has, the criminal defense attorneys at Bennett, Michael & Hornsby have put together some helpful information so that you can better understand your situation.
- Prescription Drugs Facts and Figures
- The United States makes up 5% of the world’s population and consumes 75% of the world’s prescription drugs. (National Institute on Drug Abuse)
- The number of women who lost their lives to opioid pain reliever overdoses rose 415% between 1999 and 2010 — compared to 250% for men. (CDC)
- 2% of prescription drug users get them free from a friend or relative. (National Institute on Drug Abuse)
- In 2014, almost 2 million Americans abused or were dependent on prescription opioids. (CDC)
- Tennessee Drug Control Act
- All controlled substances are classified under the Tennessee Drug Control Act into Schedules I through VII based on the potential for abuse and whether the substance has any accepted medical use in treatment.
- Schedule I substances have the highest potential for abuse and no accepted medical use in treatment.
- Prescription drugs are classified under this system in the same manner as “street” drugs are.
- Prescription Drug Offenses – What Is Illegal?
- It is illegal to do any of the following:
- Manufacture a controlled substance;
- Deliver a controlled substance;
- Sell a controlled substance; or
- Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.
- Potential Penalties If Convicted of Manufacturing, Delivering, Selling, or Possessing a Controlled Substance with Intent
- A violation involving any of the following is a Class A Felony:
- 150 grams or more of any substance containing morphine;
- 50 grams or more of any substance containing hydromorphone;
- 50 grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
- 1000 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
- 500 grams or more of any substance containing phenmetrazine;
- 300 grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
- 2000 grams or more of any other substance containing a controlled substance classified in Schedule I or II
- Potential Penalties for Any of the Above
- 15-60 years in prison
- Fine of up to $500,000
- A violation involving any of the following is a Class B Felony:
- 15 grams or more of any substance containing morphine;
- 5 grams or more of any substance containing hydromorphone;
- 5 grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
- 100 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
- 50 grams or more of any substance containing phenmetrazine;
- 26 grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
- 200 grams or more of any other substance containing a controlled substance classified in Schedule I or II
- Potential Penalties for Any of the Above:
- 8-30 years in prison
- Fine of up to $200,000
- A violation that involves a Schedule I controlled substance is a Class B Felony and carries the following potential penalties:
- 8-30 years in prison
- Fine of up to $100,000
- A violation involving any other Schedule II controlled substance is a Class C Felony
- A violation involving Flunitrazepam is a Class C Felony
- Potential Penalties for Any of the Above:
- 3-15 years in prison
- Fine of up to $100,000 and
- A violation involving any other Schedule III or IV controlled substance is a Class D Felony and carries the following potential penalties:
- 2-12 years in prison
- Fine of up to $50,000
- A violation involving a Schedule V controlled substance is a Class E Felony and carries the following potential penalties:
- 1-6 years in prison
- Fine of up to $5,000
- A violation involving a Schedule VII controlled substance is a Class E Felony and carries the following potential penalties:
- 1-6 years in prison
- Fine of up to $1,000
- NOTE: Potential penalties for any offense involving a controlled substance may be increased if there are aggravating circumstances, such as, but not limited to:
- Presence of a weapon
- Involvement of a minor
- Previous conviction
- Prescription Drug Fraud
- Tennessee Code 53-11-416 governs prescription drug fraud
- It is unlawful for any person to:
- Knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150.
- A first-time offender may be eligible to have his/her sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center
- Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document.
- Charged as a Class D Felony
- Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance.
- Charged as a Class D Felony
- Deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days.
- Charged as a Class A misdemeanor.
- Knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150.
- A violation involving any of the following is a Class A Felony:
- It is illegal to do any of the following:
Contact Us
If you have additional questions or concerns about a prescription drug criminal offense in the State of Tennessee, please feel free to contact the criminal defense lawyers at Bennett, Michael & Hornsby. Contact the team today by calling 615-898-1560 to schedule your appointment.
