Adderall, which contains amphetamine, is a drug commonly prescribed to treat attention deficit hyperactivity disorder (ADHD). Because it is relatively cheap and easy to obtain, many people use the drug recreationally or outside of its intended medical purpose. For example, people may use Adderall to improve stamina, increase concentration, and stave off fatigue, especially busy college students. Because of its addictive qualities and potential for abuse, Adderall is classified as a Schedule II controlled substance, which means that anyone found in possession of Adderall without a valid prescription may face prosecution. In this article, Philadelphia drug crime defense lawyer Lloyd Long discusses a few scenarios where Adderall possession can lead to criminal charges – and explains some of the potential penalties in Pennsylvania.
Can You Be Arrested for Having Adderall in Pennsylvania?
Adderall is legal to possess with a valid prescription. However, there are still a few situations where the possession of Adderall can lead to an arrest – and serious drug charges. To provide some examples, here are just a few of the scenarios where having Adderall can get you into legal trouble:
- The police search your vehicle during a routine traffic stop. During the search, an officer uncovers a pill bottle with someone else’s name on the label.
- You are found in possession of pills that you were holding for a friend or family member.
- You are discovered to have sold pills to someone else. As this article will explain later, selling Adderall can lead to even greater penalties than possessing Adderall for personal use.
- You are found in possession of a large quantity of Adderall without any valid medical reason.
No matter which of these scenarios applies to your situation, Adderall possession is a serious charge with potential to result in grave consequences, including fines and prison time. If you or one of your family members is under criminal investigation for the possession of Adderall, you should speak with a drug possession attorney as soon as possible to review your legal options.
Is it Illegal to Give Someone Adderall?
In short, it is illegal to give away your prescription Adderall to other people. Even if no actual sale occurs and no one profits from the exchange, it is still a criminal offense to share any kind of prescription medication in Pennsylvania.
What is the Penalty for Possession of Adderall in Pennsylvania?
The answer to this question depends on factors like:
- The quantity of Adderall involved
- Whether or not it is your first drug offense
- Whether or not you had intent to sell or distribute the Adderall
First-offense Adderall possession is a misdemeanor in Pennsylvania. In general, the penalties for a first-time Adderall possession offense can include up to one year in jail, plus a fine that could be as large as $5,000. In addition, your driver’s license will be suspended for a period of six months. If you are convicted of a second offense, you may be sentenced to up to two years in prison, while a third offense can result in a prison sentence as long as three years.
The penalties for possession with intent to distribute, or PWID, are more severe than the penalties for personal (“simple”) possession. While simple possession of Adderall is a misdemeanor when it is the first offense, a first-time PWID offense involving Adderall – or other Schedule II drugs – is a felony in Pennsylvania. The maximum fine is $15,000, while the maximum prison sentence is up to five years.
The same penalties apply to other Schedule II prescription drugs and medications, in addition to Schedule III and Schedule I controlled substances. Examples of Schedule II prescription drugs include Dilaudid (hydromorphone), Demerol (meperidine), Dexedrine (dextroamphetamine), fentanyl, and OxyContin (oxycodone). Examples of Schedule III prescription drugs include anabolic steroids and medications with under 90 milligrams of codeine per dose. If you have been charged with PWID or related offenses involving Adderall or other prescription drugs, you should immediately contact an experienced drug trafficking lawyer for assistance.
Philadelphia Drug Possession Lawyer Fighting Adderall Charges
If you have been arrested for a drug crime involving Adderall, such as unlawful possession or possession with intent to sell or distribute, you should immediately contact criminal attorney Lloyd Long. Drug crimes come with serious legal consequences, including potential jail or prison time, expensive fines, and a permanent criminal record that will follow a person around for life. By working with a qualified and experienced attorney, it may be possible to qualify for a drug diversion program that can keep you out of jail. Because each case is different, consulting with an attorney about your specific situation is essential.
Get the help you need from an experienced criminal defense lawyer. For a free consultation about your legal options after being arrested for Adderall possession in Philadelphia, contact the Law Office of Lloyd Long online, or call (215) 302-0171 today. Calls are answered 24 hours.