Prescription Drug Possession Attorney in Delaware

In Kent County, Delaware it is illegal to be in possession of, deliver or sell prescription drugs such as painkillers, anti-anxiety medications, hypnotics and muscle relaxers. Being arrested for, and charged with any type of narcotics crime is very serious in Delaware. Depending on the circumstances surrounding your arrest you may be charged with either a misdemeanor or felony drug charge in Kent County, Delaware.

If you have been arrested for being in possession of prescription drugs or prescription narcotics please know that you do have rights and they need to be protected. Call Dover Delaware Drug Crime Attorney John R. Garey regarding you case. Mr. Garey can be contacted at 302-744-9290. You may also contact Mr. Garey via email here. Mr. Garey has an office in Dover, Delaware for your convenience. He serves those charged with drug crimes throughout all of Kent County, Delaware and Sussex County, Delaware. Let him make fighting for your rights his number one priority.

Delaware Prescription Drug Possession Laws

┬ž 4761. Illegal possession and delivery of noncontrolled prescription drugs.

(a) Any person who knowingly or intentionally possesses, uses or consumes any prescription drug that is not a controlled substance but for which a prescription is required shall be guilty of an unclassified misdemeanor, unless:

(1) The possession, use or consumption of such substance was by a person who obtained the substance directly from, or pursuant to, a valid prescription or order of a licensed practitioner;

(2) The possession or transfer of such substance was for medical or scientific use or purpose by persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:

a. Pharmacists.

b. Practitioners.

c. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.

d. Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.

e. Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.

f. Common carriers.

g. Manufacturers, wholesalers, and distributors.

h. Law-enforcement officers for bona fide law-enforcement purposes in the course of an active criminal investigation.

(3) The possession or transfer is otherwise authorized by this chapter.

(b) Any person who violates subsection (a) of this section, and there is an aggravating factor, shall be guilty of a class B misdemeanor.

(c) Any person who violates subsection (a) of this section, and delivers, or intends to deliver the prescription drug to another, shall be guilty of a class G felony.

(d) Any person who violates subsection (b) of this section, and delivers, or intends to deliver the prescription drug to another, shall be guilty of a class F felony.

(e) Affirmative defenses. —

(1) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed by the person while transporting the prescription drug to a member of the person’s household who possessed a valid prescription for the drug, and the prescription was in the original container in which it was dispensed or packaged, a pill box, or other daily pill container.

(2) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed or consumed within the residence of the person, that a member of the person’s household possessed a valid prescription for the drug, that the possession or consumption by the person was for the purpose of treating an illness and that the drug in question was approved for the specific illness.

(f) Proof. — In any prosecution under this section, proof that a substance is a particular prescription drug may be inferred from its labeling and any representations on the substance. Proof by testimony from a scientist is not required.

Common Prescription Drugs Illegally Possessed And Sold In Kent County Delaware

  • Xanax/Valium
  • Vicodin
  • Percocet
  • Oxycontin
  • Aderall
  • Tramadol
  • Viagra/Cialis
  • Ambien/Lunesta

Many of the drugs listed above are used casually or socially at bars, parties, clubs and on college campuses. Being caught with these, with or without the intent to deliver or sell, can bring very serious, expensive and life altering consequences on your life.

Penalties If Convicted Of Possessing Or Selling Prescription Drugs In Kent County Delaware

The penalties and consequences of being convicted of possessing illegally obtained prescription drugs can be very severe. There will be fines, fees, court costs and attorneys fees. You may be placed on probation, house arrest or placed into a drug diversion program. You may also face an extended jail sentence or prison term depending on the circumstances of your arrest as well as your previous criminal history.

Let A Skilled Kent County Drug Charge Defense Attorney Help You

A drug crime conviction can hurt you now and in the future. It can severely, and negatively, impact your life on many levels. These include your ability to get a job and your ability to further your academic career among other things. If you have been charged with illegally possessing or intending to deliver illegally obtained prescription drugs contact a Dover Delaware Controlled Substance Crime Defense Lawyer. Call Dover Delaware Drug Charge Defense Attorney John R. Garey at 302 744 9290. Or, email a Dover Delaware Narcotics Crime Defense Attorney by clicking here.

Mr. Garey serves those accused of narcotics and controlled substance crimes throughout all of Kent County and Sussex County, Delaware including areas such as: Smyrna, Dover, Little Creek, Dover AFB, Harrington, Milford, Georgetown, Delmar, Seaford, Magnolia, Rehoboth Beach, Dewey Beach, Lewes and Millsboro.