In Georgia, there are several drugs in schedule 2, 3, and 4 categories that can be possessed by people with a valid prescription. These drugs have an acceptable medical use that can outweigh the potential for addiction and dependency. A valid prescription from a medical doctor or provider is required to be able to possess any of these types of drugs.
However, even with a prescription, an individual can face charges for abusing these drugs which can carry a number of serious penalties. If you are facing such charges, it is important to contact a Georgia prescription drug lawyer as soon as possible. A knowledgeable drug lawyer in Georgia can build a defense to help minimize any penalties associated with your charge.
Examples of Prescription Drugs
Examples of drugs in Schedules 2, 3, and 4 include:
All of these drugs can be legally possessed if the person possessing them has a valid prescription. However, all prescription drugs must be kept in their original container under the existing Georgia law and should contact a Georgia prescription drug lawyer immediately if accused of illegally possessing a prescription drug.
Georgia Drug Laws
Drug crimes in Georgia are treated very seriously by prosecutors and judges. A Georgia prescription drug attorney can help clients in several ways. First, the attorney does an evaluation of the case and evidence. In many drug cases, there are issues in the manner in which the criminal investigation was undertaken by Georgia law enforcement officers.
In Georgia, there are several drugs in Schedule 2, 3, and 4 categories that can be possessed by people with a valid prescription. People in Georgia can legally possess many drugs in Schedules 2, 3, and 4 with a lawful prescription. These drugs have an acceptable medical use that can outweigh the potential for addiction and dependency. A valid prescription from a medical doctor or provider is required to be able to possess any of these types of drugs.
Building a Defense
Generally, when defending against such a charge, the person must show that there is a medical need or necessity for the type of drug to be prescribed. The medical doctor or psychologist, in their discretion, can write a prescription.
Current drug laws and guidelines under the composite medical review board govern how doctors should dispense those types of prescriptions. This is because Schedule 2, 3, and 4 drugs are all considered to have addictive properties.
There is a dichotomy in these types of cases. When the subject has a prescription, the question becomes whether the use or the possession of the drug was authorized. When a person has a valid prescription; that may offer a defense to the possession of drugs charge. It would not, however, offer as a defense to any type of a DUI drugs charge.
Prosecutors tend to look for trends in terms of the dispensing of medical drugs. For example, pill mills or pain clinic cases have doctors who may be prescribing drugs to those who otherwise are not medically approved to have the drugs. Such allegations can be best combatted using a Georgia prescription drug lawyer.
Types of Penalties
Hard drugs tend to be penalized more harshly than others. For example, prosecutors are more likely to be harder in plea negotiations involving methamphetamine and heroin cases. They tend to be more contentious in these negotiations than in marijuana and cocaine cases.
These drugs are subject to harsher penalties. Societal views, the potential for abuse and dependency, and abuse of independent prosecutors make these cases harder in plea negotiations. Prosecutors in drug cases have a large degree of prosecutorial discretion in negotiations in plea settings and in sentencing as do judges at the time of sentencing. Societal views on these types of drugs have a large impact on what judges and prosecutors are willing to do.
Benefits of a Prescription Drug Lawyer
A prescription drug attorney who focuses on Georgia drug crimes cases can evaluate the case for potential problems that may lead to the suppression of evidence and the dismissal of cases. For example, suppression issues often include violations of the Fourth Amendment right against unreasonable searches and seizures. An attorney can look at the evidence to determine if the officer that located the drugs violated the person’s right against illegal search and seizure.
There are also potential challenges to illegal warrants. In many drug cases, the warrant is sought by a law enforcement officer from a judge. A qualified lawyer looks at the warrant, the warrant application, and the affidavit to determine if the judge acted properly in issuing the warrant.
The prescription drug attorney in Georgia determines if the police officer had the requisite probable cause for the issue of the warrant. They can look at the technical requirements of a warrant and the particularity of the warrant to see if there are technicalities that may lead to suppression of drug evidence, which is important in drug cases.