Provo/Orem Prescription Fraud Defense Lawyer Jake Gunter has been handling prescription drug charges for over 15 years. Knowing the inside of a courtroom matters when your liberty is on the line. Call for a Free Consultation regarding your Utah prescription drug charges.
Prescription Drug Charges See the statute here.
The following are the most common prescription drug charges:
(1). Illegal possession without a Prescription. You can only possess prescription drugs in Utah with a valid and unexpired prescription. Further, it is still a crime if you once had a valid prescription, but it has now expired. Even if it just expired one day prior to your arrest.
(2). Stealing Prescription Drugs that were Lawfully Prescribed. The prescription for Lortab or Oxycotin must be prescribed specifically to you. It is still illegal even when a doctor prescribed it to you in the past, or lawfully prescribed the drugs to your brother.
(3). Appropriate Prescription Drug Container. Prescription drugs must be in the appropriate container and not just loose in your pockets or in a plastic baggy.
(4). Prescription Fraud. Stealing the doctor’s pad that he uses to prescribe and order medication from the pharmacy is a crime. Similarly forging the doctor’s name to obtain prescription drugs is illegal.
(5). Prescription Drug DUI/Impaired Driving. Most people think that if their doctor prescribed their medication, they can drive while on the medication. This is not true. If you are impaired by your lawfully prescribed drugs and driving a car, you can still be charged with Impaired Driving or DUI. Lawfully prescribed drugs become a problem when driving and they impair your driving so much so that a police officer believes you are endangering the public.
PENALTIES FOR PRESCRIPTION DRUG CHARGES:
Many prescription drug offenses are Felonies, which can land you in jail or prison. Here are the maximum penalties and time for Utah criminal offenses:
Capital: Life in prison, life in prison without parole, or death
First Degree Five years to life in prison. Up to $10,000
Second Degree One to 15 years in prison. Up to $10,000
Third Degree Zero to five years in prison. Up to $5,000
Class A Up to one year in jail. Up to $2,500
Class B Up to six months in jail. Up to $1,000 or
compensatory service
Class C Up to 90 days in jail. Up to $750 or
compensatory service
Utah Controlled Substances.
A complete listing of all controlled substance is found at Utah Code Ann. 58-37-4.2 (2019) and as of 2019 includes 78 different substances. In this list, you will not find the generic names of drugs like Lortab or Oxycotin, instead you find the ingredients which are the actual controlled substance.
Schedules of Controlled Substances in Utah.
Utah drug law breaks down all controlled substances into schedules. The schedules list drugs by their ingredient, common name, or brand name.
Schedule I drugs are considered very addictive and dangerous.
Schedule II lists cocaine, oxycodone, Morphine, Codeine, and raw opium among others.
Schedule III lists anabolic steriods and testosterone among others.
Schedule IV lists Lorazepam (anxiety), Alprazolam (anxiety medication), and Barbital (barbituates, sleeping pills).
Schedule V lists Tramadol (pain killer) among others.
CALL ATTORNEY JAKE GUNTER for a free consultation if you have been charged with prescription drug misuse. (801) 373-6345.