Is It a Crime to Have Medication Without a Prescription?

 Posted on July 30,2024 in Drug Charges

Prescription medications help millions of people cope with a range of conditions. Whether someone is suffering from a physical or mental ailment, often there is a pharmaceutical drug that has been designed for it. However, possessing or taking some of those drugs can be a drug crime if it is done without a valid doctor’s prescription. This may come as a surprise to someone who holds medication for a family member or who was given medication by a friend as a short-term aid.

Although most people think of cocaine or crystal meth when they think about drug crimes, crimes involving prescription drugs are taken just as seriously in Wisconsin. In this article, we will discuss which drugs are illegal to possess without a prescription and the penalties for doing so. If you have been charged with possessing or taking an illegal drug, contact a Wisconsin drug crime defense attorney right away.

Amphetamines

In medication form, amphetamines are commonly used to treat ADHD or similar disorders. They include:

• Dextroamphetamine-amphetamine (Adderall)

• Methamphetamine (Desoxyn)

• Dextroamphetamine (Dexedrine)

• Lisdexamfetamine (Vyvanse)

If you are caught with these drugs and you do not have a valid prescription in your name, you can be sentenced to up to a year in county jail and issued a fine of up to $5,000. Any subsequent offense will be charged as a Class I felony which carries a sentence of up to 3.5 years in prison and a $10,000 fine.

Schedule I Narcotics

Schedule I narcotics are drugs that have a high risk of being abused and have no medical use — meaning there are no valid prescriptions for them. These include: 

• Methylenedioxymethamphetamine (ecstasy)

• Lysergic acid diethylamide (LSD)

• Heroin

• Peyote

• Methaqualone

• Psilocybin mushrooms

Possession of Schedule I narcotics is a Class I felony, punishable with up to 3.5 years in prison and a fine of up to $10,000.

Marijuana, while legal in some states, remains a Schedule I substance under Wisconsin and federal law. However, it carries a lighter sentence for a first offense: up to six months in jail and a fine of up to $1,000. Any subsequent offense will be treated as a Class I felony.

Schedule II Narcotics

Schedule II narcotics are drugs that have a high abuse risk and are medically prescribed, such as:

• Morphine

• Fentanyl

• Oxycontin

• Codeine

• Hydrocodone (Vicodin)

• Ambien

• Xanax

• Percocet

• Meperidine (Demerol)

• Methadone

• Hydromorphone (Dilaudid)

Like Schedule I drugs, possessing or taking Schedule II narcotics is a Class I felony, carrying a sentence of up to 3.5 years in prison and a fine of up to $10,000.

Contact a Waukesha County, WI Drug Crime Defense Lawyer

If you are charged with a drug crime, hire an experienced Milwaukee County, WI drug crime defense attorney. At Bucher, Wolff & Sonderhouse, LLP, we are committed to aggressively defending our clients’ rights and securing the best outcome possible. Call 262-232-6699 to schedule a free consultation and to start building a strong defense today.