5 Drugs that Could Result in Harsher Prison Sentences

Posted on by New Mexico Criminal Law Offices

Experienced Criminal Defense for Drug Charges in New Mexico

drug sentencingCertain illegal substances are common, while others are considered gross enough offenses that you could have an increased sentence for possessing them. Right now, it is estimated that half the people in federal prison are serving a drug-related offense crime. However, most of these offenders are in there because of the category of drug that they were carrying.

Schedules classify drugs. While the state schedules vary from the federal schedules, they are relatively the same regarding what drugs come with harsher prison sentences. Also, if you were to take one of these medicines across the border and to another state, you would face the penalty for a federal crime; not a state-level crime.

What are the Drug Schedules?

There are five drug schedules, with the fifth category being the least dangerous and the first type is the most hazardous.

The fifth category includes drugs with a low potential for abuse, and these drugs have accepted uses in the medical community, including codeine-based cough syrups. These prescriptions are legal to carry if you have a valid medical prescription for them.

The fourth category is also lower at risk for abuse but includes potentially dangerous drugs like Xanax, Ambien, and Valium.

Most of the harsher drug penalties come from the second and first classes of drugs. These have a high potential for abuse, and there are no medical uses for those drugs found in the first category.

5 Drugs that Result in Harsher Prison Sentences

Schedule 1 drugs are those that carry the harshest prison sentences, and there is no medical purpose for these drugs. Schedule 2, however, does have a medical use, but in rare situations.

  1. Heroin – Heroin, more formally known as diamorphine, is an opiate that is illegal to possess, sell, or use in the United States. It is a recreational drug and a Schedule 1 drug.
  2. Oxycodone – While in Schedule 2, Oxycodone is a potent pain medication that is rarely prescribed today because of its high rate of addiction. Also, it can cause respiratory arrest when too much of the drug is taken; therefore, most physicians stick to other forms. If you do not have a prescription, you cannot sell, purchase, carry, or use this medication.
  3. Cocaine – Cocaine is an illegal substance that has no medicinal purpose, but it is a Schedule 2 drug. Known as “coke” informally, cocaine is injected, inhaled, and snorted. It is illegal to possess, sell, or use cocaine in the United States. Depending on how much you are carrying, you could face severe prison sentences.
  4. Methylenedioxymethamphetamine – MDMA or “ecstasy” is a drug that has psychoactive properties and is used for recreational purposes. It is a Schedule 1 drug and very dangerous. It is notorious for causing overdoses in younger adults.
  5. Fentanyl – Used to treat severe pain, this Duragesic has a high risk for addiction and abuse too. It can lead to respiratory distress and death if too much of the substance is used. While it is prescribed to those with chronic pain and utilized in the hospital setting, it is listed as a Schedule 2. A person cannot sell, use, or possess this medication.

Arrested with a Schedule 1 or 2 Drug? Contact a Criminal Defense Attorney

If you have been arrested for a Schedule 1 or 2 substance in your possession, you need a drug defense attorney. Schedule 1 and 2 drugs carry longer prison sentences, and if you have a past drug crime on your record, you may experience sentence enhancements.

Therefore, you need to speak with an attorney from New Mexico Criminal Law Offices today. We offer a free case evaluation for all new clients. Schedule yours by calling our office or contact us online.