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opioid possession

According to the National Institute of Drug Abuse, 128 people die every day in the U.S. from overdosing on opioids. This number shows the severity of the opioid crisis in the U.S., which the Centers for Disease Control and Prevention says is responsible for an “economic burden” of about $78.5 billion a year.

How the Opioid Epidemic Started

The crisis took root in the late 1990s when opioid prescriptions increased. Before this, opioids were used in the medical field to alleviate cancer-related pain. Back then, the healthcare community used it sparingly aware of the considerable risk of addiction. However, pharmaceutical companies reassured the public that patients wouldn’t be addicted to these medications. As a result, opioids were increasingly prescribed

This is especially true for people who suffer from chronic pain. Not before long, it was clear that opioids , indeed, are highly addictive. Some patients become dependent on the drug to function and turned to illegal means to get supplies after their prescriptions run out.

The opioid industry became highly regulated to combat the crisis. In New York state, opioids are considered controlled dangerous substances (CDS). The illegal sale or possession of prescription opioids violates the New York Penal Law Article 220.

Classification of Controlled Dangerous Substances

Drugs, substances, and some chemicals used to make them are classified into five categories, also called Schedules. These substances are classified by their potential for addiction and their acceptable medical use.  Schedule I drugs, for example, are considered to have the highest abuse potential. As the drug schedule changes, the risk of abuse changes.

Opioids are considered a dangerous drug, so they are either classified as Schedule I or Schedule II. Some opioids under Schedule I include:

  • Heroin
  • Morphine
  • Codeine
  • Oxycodone
  • Hydrocodone

Schedule II drugs have the second-highest risk for addiction or dependency. However, they are still used in the medical industry for pain relief. Opioids under Schedule II include:

  • Vicodin
  • Lortab
  • Lorcet
  • Fentanyl
  • Meperidine

Penalties for the Possession of Opioids in New York State

As mentioned, the illegal possession of CDS, such as opioids, is against the law in New York, which has some of the toughest drug laws in the country. The possession of 500 mg or more of an opioid is considered a Class D felony, punishable by one to two and a half years in prison.

Other factors that affect the penalty for the possession of opioids:

  • Which illegal substance you were caught carrying
  • The amount of illegal substance you were caught carrying
  • If there is an intent to sell the illegal substance
  • If you were also caught carrying a firearm
  • If you have received drug treatment before
  • If you have prior convictions, specifically ones related to felonies
  • Your history of drug use and or dependency

Find a Criminal Defense Attorney to Help with Your Case

If you’re facing charges for possession of opioids in Long Island, NY, protect yourself by contacting a trusted criminal defense attorney. You can turn to the Roche Law Group for unparalleled support, guidance and criminal defense. Olivier E. Roche, Esq. is a seasoned criminal defense lawyer that will provide valuable legal representation in any drug-related case while focusing on the most important goal, the rehabilitation of his client.

Contact the Roche Law Group today for a free 15-minute consultation.

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