Criminal Law Zohydro ER

Published on May 15th, 2014 | by Daniel R. Perlman

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Zohydro and the abuse of prescription drugs

Is Zohydro poised to become the new Vicodin?

Despite the warnings of many who study the abuse of prescription drugs, a new opiate painkiller with 5 to 10 times the power of Vicodin, was approved by the Federal Drug Administration in October of 2013. The drug is Zohydro ER, a long-acting version of the ever popular Vicodin and Lortab brands of hydrocodone that are already the most prescribed drugs in the country, and the most abused.

Drug possession laws are rigorously enforced

In California, any individual can face criminal drug charges for unlawful possession, possession for sale, trafficking, manufacturing, or distribution of any prescription drug. A frequent prescription drug crime involves someone who has obtained a prescription drug legally and then sells it to someone else in violation of the law. That person then becomes in violation of the states illegal drug possession law which prohibits anyone from possessing certain prescribed drugs without a valid prescription. If you are caught in possession of a controlled substance within the state of California, you can expect thorough enforcement of the law.

Unlike other states, which have variety of sentences from which the judge may choose, California does not. Instead, if you are caught in possession of drugs you will face felony charges and a wide range of potential punishments. All factors of the case will be under consideration, from the quantity of drugs you were in possession of, to a defendant’s criminal record will figure into the determination of the final sentence.

How possession is determined or defined is often a key element in defending against a possession charge. Actual possession of a controlled substance means you have direct and immediate physical control over it. Drugs found in your clothing, purse, or backpack are deemed actual possession. Drugs not found on your person may prove more problematic for law enforcement to determine as actual possession.

Daniel R. Perlman
The Law Offices of Daniel R. Perlman
http://www.danielperlmanlaw.com

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