Recently we've had several clients present for psychotherapy treatment who are court stipulated to a drug program due to drug charges. Of course this is no surprise. But what is surprising is the degree of charges and the customers we are seeing. For instance, among our clients could be confused with just about any other hockey mom (perhaps a recently available exception). She actually is white, upper middle class, college educated, and working in a professional position. And even though she's drug trafficking charges, which are a felony, the drugs she had in her possession were for private use and were prescription (of course she didn't have a prescription). What is even more surprising is that she didn't even have a month's supply of the pain killer for someone for whom they might have been prescribed. The purpose of this article is to shed light on some of the risks currently being taken by those abusing prescription drugs.
Prescription drug abuse is the number one reason behind drug related death in Florida. According to a New York Times article dated June 14, 2008, the "Medical Examiners Commission found that the rate of deaths due to prescription drugs was 3 x the rate of deaths due to all illicit drugs combined." (Cave, D.). Yet this is often insufficient to dissuade new users from trying, and becoming physically influenced by, prescription pain medications. Even high profile deaths including Heath Ledger and Anna Nicole Smith have little impact on those abusing the substance. That is largely due to substance abusers believing they are invulnerable and the false belief they will have a sense of control over their ingestion of substances.
Many who use or abuse opiate based pain medications aren't even alert to its dependence potential. Most pain medications are made from opium or a synthetic opiate, which is the same main ingredient in heroin. Although tolerance (the necessity for more of the substance to achieve the desired effect) and withdrawal (physical and psychological symptoms resulting from the lack of the substance) take longer to develop in prescription medications, physical dependence can and frequently does develop. But the purpose of this short article is to discuss drug law.
It is probably best to start with the lowest of crimes, simple possession of a substance. In this state the initial offense is up to one year incarceration and a fine as high as $1000.00. Another offense is incarceration for no less than 15 days and no more than 24 months, and the very least fine of $2500.00. A third offense results in at least 90 days in jail no more than three years, and a minimum fine of $5000.00. The penalties for cocaine base are much harsher, and penalties may vary depending on the type of drug.
What is often misunderstood may be the difference between possession and trafficking. It would seem to the average reader that trafficking involves moving large levels of a substance, or at the very least selling it to another individual. This is simply not the case. Trafficking charges are often based on weight. The weight for trafficking prescription medication is 28 grams. Now when that is applied to cocaine, it appears fair enough. 28 grams of cocaine will be a lot, and it might be reasonable to say this person is selling the drug. But 28 grams of a pain medication such as for example Percocet can be as little as 6 or 7 pills. And much of the weight of Percocet pills result from Tylenol. But when a person is caught with prescription drugs that's not theirs, the intent is irrelevant to charges.
Trafficking charges, even for an initial offense, can carry a penalty of up to 25 years in prison. Even though DOT physical obstacles is lighter (probation, house arrest, treatment) the offender is labeled a felon for the rest of their lives. This affects their rights, ability to get and keep maintaining employment, also to live a productive life.
In a social psychology class this author teaches on the psychology of drug abuse, unfair drug laws are often discussed. This is in the disproportionate penalties facing minorities. This is best illustrated by the sentencing of crack, versus regular cocaine. To put it simply, crack penalties for just one gram equate to 100 grams of powder cocaine. It is also a the fact that 50% of our prison population is for non-violent drug offenses. It appears a few of the sentencing laws are unfair.
I am not trying to excuse illicit and self destructive behavior. But to even consider sentencing someone addicted to pain medication or other prescription drugs to prison and otherwise seriously damaging their life seems harsh. If any reader is interested in being active in reducing these mandatory sentencing guidelines, they are able to contact FAMM, which works to improve a few of the unfair drug laws.
The purpose of this article is to educate readers who may have a member of family abusing prescription substances to some of the risks. These risks include possible physical dependence, overdose and death risk, and, what is often overlooked and is the main point of the article, incarceration and felony conviction for even relatively small amounts of a medication with out a prescription.