Wednesday, December 25, 2013

Idaho: Possession of a Controlled Substance - Prescription Drugs

Prescription medications are items we constantly come in contact with.  Something many don't realize is the significant criminal charges and penalties that can arise if we are caught in possession of many of these medications without a prescription.

As an example, I recently represented an individual who was driving a vehicle and was caught with his mother's hydrocodone prescription.  Under the law in Idaho, possession of Hydrocodone is a class II felony, which carries the threat of significant jail time and penalties.  This can be viewed by many as an extremely harsh penalty.  Fortunately in my client's case, we had strong facts to argue in his defense and were able to get a good resolution to his criminal charge.

It is always smart to be careful around prescription medications.  Some general advice regarding prescription medications:
     a) If the medication is not yours, do not keep it in your possession;
     b) If you are prescribed medication, make sure you have a valid prescription on you in case you need to show it to law enforcement.

The laws in Idaho regarding possession of prescription medication are harsh and difficult to navigate.  For some helpful reference on specific prescriptions, I have posted a link to the list of the Idaho drug schedules.  And remember, if you still have questions after reviewing the law, it never hurts to talk to an Idaho Attorney.

Schedule I
Schedule II
Schedule III
Schedule IV
Schedule V
Schedule VI

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