Published in Criminal Law by Chris Eskew on May 13, 2024.

Please note that our law firm practices law solely in the state of Indiana, and therefore cannot provide legal services outside of this jurisdiction.

Legend drug crimes are taken seriously at both the state and federal levels. A conviction for any legend drug-related crime may result in harsh penalties. If you or a loved one has been charged with illegal drug possession, you should seek the advice of a criminal defense lawyer immediately. With the help of a skilled defense lawyer, there may be defenses available to you. At Eskew Law, our attorneys give each client the personal attention they deserve. We stand ready to fight for you today!

Legend Drug Definition

A legend drug, often called a prescription drug, is a medication approved by the U.S. Food and Drug Administration (FDA). These drugs necessitate a prescription, as indicated by the label requirement: “Caution: Federal law prohibits dispensing without prescription.”

Legend drugs can be both legal and illegal, depending on how they are used. Generally, if it is lawfully prescribed and properly used, it is legal. However, the very same drug, if obtained or used unlawfully, is illegal. Legend drugs can be narcotic or non-narcotic and are regulated by both the state and federal governments. The government closely controls these substances because of their high potential for addiction. 

Indiana Drug Laws

Only licensed physicians or medical professionals may legally prescribe these drugs to people. In Indiana, possessing prescription drugs without a valid prescription is illegal. It is also illegal to:

  • Sell, distribute, or transport prescription drugs;
  • Write a prescription, as a licensed doctor or medical professional, to a person who does not need it; and 
  • Forge a prescription.

The State can charge many different people with a legend drug crime, including the drug user, a medical professional, physician, pharmacist, or someone simply transporting the drugs. If the State charged you with illegally possessing a legend drug, contact Eskew Law, today.

Legend Drugs and the Law

One of the most common offenses charged is possession of a controlled substance. In Indiana, a person is guilty of a Class A misdemeanor if they knowingly or intentionally possess a controlled substance that was not legitimately prescribed to them. This includes possession of a controlled substance (pure or adulterated) that is classified in Schedule I, II, III, or IV. Exceptions to this rule include marijuana, hashish, salvia, or a synthetic cannabinoid.

Typically, a legend drug will be classified as either a Schedule II, III, or sometimes a Schedule IV drug. This is because they all have approved medical use with a valid prescription. Schedule I drugs do not have recognized medicinal uses, and Schedule V drugs do not require a prescription. 

Examples of drugs within each category are as follows:

  • Schedule II Drugs: Vicodin, Demerol, oxycodone/OxyContin, fentanyl, Adderall, and Ritalin;
  • Schedule III Drugs: Tylenol with codeine, ketamine, anabolic steroids, and testosterone;
  • Schedule IV Drugs: Xanax, Valium, Ambien, and Tramadol; and
  • Schedule V Drugs: Robitussin AC, Lyrica, and Parepectolin.

Although each of these drugs can be used legally, their illegal use, possession, or sale can result in serious consequences. Reach out to our attorneys to learn more!

Penalties for Legend Drug Crimes

Penalties for possessing, distributing, or selling prescription drugs depend on the exact crime charged, the schedule classification, and the amount of drugs at issue. Legend drug crimes can be charged as a misdemeanor or a felony.

The penalties of Indiana drug laws are convoluted and can vary widely based on the circumstances. It is best to meet with a knowledgeable Indiana drug crime lawyer to discuss your specific case and potential penalties. 

Generally, possession of a prescription drug without a valid prescription is a Class A misdemeanor. A conviction is punishable by up to one year in jail and a fine of up to $5,000.

A charge for acquiring a prescription drug by altering a prescription or duplicating a medical practitioner’s prescription pad is considered a Level 6 felony. A conviction is punishable by six months to 2 1/2 years of incarceration. It also carries a fine of up to $10,000.  

To learn more about specific penalties, contact Eskew Law, to schedule a confidential consultation. 

Legend Drug Attorney

What is a legend drug in Indiana? To find answers to your questions regarding legend drug crimes and their consequences, contact the knowledgeable attorneys at Eskew Law, today. Whether you are facing a misdemeanor or felony prescription drug charge, it is crucial that you have a skilled advocate on your side. There are often one or more defenses available to defeat drug charges. Upon meeting with one of our lawyers, we will devise a game plan to ensure you achieve the best possible outcome. For over a decade, Eskew Law, has given our clients the individualized attention their case deserves. Here, we will never pass your case over to a paralegal or assistant. Let us protect your rights. Call us today!

Ways to Fight Drug Possession Charges In Indiana

Do you have drug possession charges in Indiana? If so, you could be facing significant legal trouble. With the amount of possible prison time you face and all of the other consequences of a drug possession conviction, you are probably wondering how you will beat this charge.An extremely knowledgeable and skilled Indiana defense attorney can help you beat a drug possession charge in any number of ways. The criminal defense attorneys with Eskew Law, are five-star AVVO-rated for a reason. They are trustworthy, reliable, and have extensive courtroom experience. You can count on us to work with you to minimize your drug charge’s impact on your life.

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Chris Eskew

Chris Eskew is the founding partner of Eskew Law. With over 15 years of experience, he focuses his practice on criminal defense, DUI defense, and family law. Chris is known for his dedication to his clients, his strong advocacy skills, and his commitment to achieving the best possible outcomes in legal matters. He is well-respected within the legal community and has earned a reputation for providing personalized and effective representation.