Oxycontin Possession Charges

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Oxycodone is a highly addictive opiate drug, commonly known by the brand names Oxycontin or Roxicodone. When mixed with acetaminophen (Tylenol), it is commonly known by the brand names Percocet or Roxicet.  Oxycodone is a Schedule II controlled substance under the federal Controlled Substances Act. (21 U.S.C. § 812.) A Schedule II drug is one with a currently-accepted medical use with a high potential for abuse and significant risk of addiction. (21 U.S.C. § 812 (C) (2).) The federal government heavily regulates the manufacture, possession, and distribution of Schedule II drugs.  A Schedule II drug is considered to have a high potential for abuse due to severe psychological or physical dependence and its use is severely restricted in medical treatment.  t is a Third Degree Felony to possess less than four grams of Oxycodone (as little as one pill) without a valid prescription.

Possession of oxycodone or OxyContin without a valid prescription is a crime, but selling, or possessing with intent to sell without authorization, is a felony and the penalty is much greater than for simple possession. Where a person is caught with oxycodone but not in the act of selling it, the prosecution must prove that he had the intent to sell it in order to convict him of the more serious crime. (21U.S.C. §841.  A person convicted of attempting or conspiring to sell oxycodone or OxyContin is subject to the same penalties as a person convicted of making an actual sale of the drug. (21 U.S.C. § 846.)  As should be clear, selling or attempting to sell oxycodone or OxyContin is a very serious crime. If you have been investigated for or charged with the crime, you should see a lawyer immediately. Only an experienced criminal defense lawyer who is familiar with federal or state law (depending on which law applies) will be able to advise you as to the strength of the case against you and the availability of any defenses.  Contact Law Offices of Neil Weissman today.

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