Can Prescription Medications Lead to a Georgia Drug Trafficking Charge?
When the phrase “drug trafficking” comes up, people usually think of huge amounts of cocaine, heroin, meth, or other illegal drugs. Yet in Georgia, you can actually face criminal charges for trafficking certain prescription drugs, too.
This means that people could end up being charged with felonies even though the drugs were initially made and sold legally. It is important to understand how Georgia’s drug laws operate.
Prescription drugs can trigger serious criminal charges
Many prescription drugs fall into the category of controlled substances as per the laws of Georgia. They include narcotic painkillers like oxycodone and hydrocodone, drugs for treating anxiety, and drugs for the treatment of ADHD, among others.
Whereas, in most cases, possession of prescribed medicines is not considered illegal, provided there is a legitimate prescription, there might be situations where an individual possesses medication without a prescription or in excess amounts that draw the attention of the authorities.
There might be situations where prosecutors will try to prove that the individual intended to distribute or sell the drugs, which is very illegal.
Quantity often plays a major role
The drug laws in Georgia typically emphasize the amount of the controlled substance in question. A large amount might lead law enforcement officials to believe there is a distribution operation underway rather than personal use.
There are some other forms of evidence that the police might look at, such as:
- A large sum of money
- Several bottles of prescriptions
- Package material
- Messages or call logs
- Scales
- Statements made during an investigation
However, having a large amount of medicine does not necessarily imply that trafficking is taking place.
Common situations that lead to arrest
Most of the prescription drug-related criminal cases do not have any sophisticated criminal activity involved. Criminal charges can be filed following a traffic stop, a house search, or an investigation involving shared medications.
The individual receiving the medication can be unaware of the potential consequences, or they may have kept the prescription well past its expiration date or even had a medication prescribed to another family member.
Potential defenses to prescription drug charges
Each case is unique, and multiple defense arguments can be employed depending on the specifics.
One can question whether the police conducted a legal search and seizure. Also, the question of who owns the drugs can arise.
There may be instances where the prosecutor lacks enough evidence to prove the knowing possession and the intention to traffic the prescription drugs. Because the offense carries harsh penalties, it is essential to examine all aspects of the prosecution’s case.
Protecting your future after a drug arrest
Prescription drug charges cannot be underestimated. If found guilty, you can face stiff penalties, including large fines, imprisonment, and probation.
If you are arrested or charged for a prescription drug violation in Georgia, it is advisable that you seek professional legal assistance immediately. With a knowledgeable criminal defense lawyer by your side, he or she can look at the evidence against you and offer appropriate advice.
Talk to a Marietta, GA, Drug Possession Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of Marietta, GA, residents who are facing charges for drug possession or distribution. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
