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Prescription Drug Abuse Is a Serious Public Health Concern
Prescription drug abuse is growing at alarming levels across Canada. Canada is the world’s second-largest per-capital consumer of prescription opioids (such as codeine, Vicodin, Percocet, and oxycontin). This widespread abuse is a grave public health concern: in 2011, twice as many Ontarians were killed by opioid overdoses as drivers killed in car accidents, according to coroner’s statistics. That number has more than tripled since 2002. Deaths resulting from prescription drug use outnumber heroin and cocaine deaths combined, and has cost Canada billions of dollars annually in lost productivity, medical expenses and criminal prosecution costs.
Accordingly, the Canadian government and Crown Prosecutors have taken an aggressive approach to prescription drug trafficking. Under the Controlled Drugs and Substances Act, which deals with both prescription drugs as well as “street” drugs, you can be charged with either unlawful possession of a prescription drug or illegally trafficking in prescription medication. In many cases, individuals are charged with both.
Commonly Abused Drugs
As prescription drug abuse has become more common, so too have the medications involved. Health care personnel and police officers generally classify these drugs into three groups: opioids, stimulants, and depressants.
Opioids block pain by preventing the brain from receiving pain signals from the rest of the body. Because they interfere with the body’s ability to feel discomfort, they are a prime target for misuse. In most cases, they are also highly habit forming. Common opioids, as noted above, include fentanyl, codeine, Vicodin, Percocet, and oxycontin.
As their name suggests, stimulants cause the individual to feel more alert and aware. Popular stimulants, particularly among adolescents, include Adderall and Ritalin.
Finally, depressants help individuals who suffer from insomnia, anxiety, and a host of other ailments. Depressants include Ambien, valium, and Xanax.
The Controlled Drugs and Substances Act
In addition to these medical classifications, the Controlled Drugs and Substances Act categorizes regulated substances into five “schedules,” with most widely abused prescription drugs found in Schedules 4 and 5. These drugs are legal to possess with a valid prescription, but if the drug has not been specifically prescribed by a doctor to the person who possesses it, and is not sold over the counter in a pharmacy, it is likely illegal to possess. Additionally, these drugs are illegal to import or export, or to traffic or possess with the intent of trafficking.
The penalties for illicit possession or distribution of prescription medication depend on a number of factors such as the type and quantity of the drug, and the Crown may elect to proceed either by indictment or summary conviction. Consequences can range from fines to significant jail time, especially for trafficking offences.
Just because an illegal drug comes in a pill or a bottle and not a powder or a bag doesn’t mean that Crown Prosecutors will treat you any differently. Illicit prescription medication use and distribution is just as illegal as it is for “street” drugs and can result in just as real and serious consequences. Such charges should not be treated lightly. Failing to consult with a criminal defence lawyer with experience defending against prescription drug charges can cost you your freedom and your future.
The materials provided on this site are for information purposes only. These materials constitute general information relating to areas of law familiar to our firm lawyers. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of this website as such.
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