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Illegal Analogue Drug Use/Possession

Analogue drugs are prescription medications that are “substantially similar” to an illegal Schedule I or Schedule 2 drug (e.g. Heroin, Meth, Marijuana, etc). Common examples of analogue drugs are Adderall, Vicodin, OxyContin, Valium, Klonopin, Opioids, Concerta, Ritalin, Ativan, and Xanax. Possession/Use of these types of prescription medications without valid prescription from a doctor is a serious drug crime.

Someone who is abusing these types of drugs may need to immediately seek substance abuse counseling. Not only do I help clients who hire me explore the legal ramifications of their charges, but I help them get the treatment that they need.

In Michigan, analogues drug use/possession is a violation of Michigan Public Health Code Section 333.7403. Depending on the offense, the resulting conviction may be a misdemeanor or a felony (see chart below).

Other factors may also be relevant in determining what offense one may be prosecuted for, such as whether the drugs are packaged for illicit sale or whether there is significant cash on hand in conjunction with analogue drugs. Punishment may also be enhanced for those with prior drug convictions, or if the crime (selling, distributing, etc.) occurred in certain areas such as in close proximity to a school, church, park, or business. However, It is possible that a first offender may receive a reduced sentence for the first offense, depending on a Judge’s discretion

Many people arrested for possession/use of analogue drugs began their use under the supervision of their doctor; however, after treatment is completed many patients are addicted and continue to use these medications without a prescription. Although analogue drugs are not considered Schedule 1 drugs, the fact that they are substantially similar makes them, in many cases, just as addictive, abused, and dangerous as Schedule 1 drugs. Finding a lawyer familiar with the complexity of these health and addiction issues is crucial to putting forth a proper defense.

If you or someone you know is dealing with an analogue drug charge, it is imperative that you seek legal representation from a lawyer familiar with this area of the law. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.

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