A conviction for simple possession requires that the prosecution show that the defendant had the substance in his or her possession without a prescription, and that the substance belonged to the defendant. A showing of possession does not require that the defendant had the substance on his or her person. If the defendant had control over the substance what is known as "constructive possession" even though it was not physically on his or her person, that will support a conviction.
For information about "constructive possession," see the section, "What is "Possession"? Certain defenses are available to a person charged with simple possession of amphetamines. Here are a couple of them. Although amphetamine is a controlled substance, it may be legally possessed by one who holds a valid prescription.
However, under federal law the prescription may not be renewed automatically. Where a person is arrested for the presence of a controlled substance in a shared space, such as a dorm room, the state must prove that the person arrested was the one in possession of the substance. Where the state cannot show that the defendant had the power and intent to control the substance for example, because the substance was in a dresser drawer used exclusively by her roommate , the defendant should be acquitted.
Subsequent convictions for simple possession will subject an individual to greater potential prison time and fines. State amphetamine possession laws vary but most treat a first offense as a misdemeanor with a maximum one-year prison term.
If you have been charged with amphetamine possession or have questions about the crime, see an experienced criminal defense lawyer in your state. Conviction of even a misdemeanor drug possession crime can follow you and limit your ability to work in certain jobs, such as those in the medical profession. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. What to do if you miss a dose: If you miss a dose, take it as soon as you can.
How to tell if the drug is working: For narcolepsy, you should notice reduced sleep disturbances. For ADHD, you should notice improved mental and behavioral effects, such as increased attention and decreased impulsiveness and hyperactivity. A prescription for this medication is not refillable.
You or your pharmacy will have to contact your doctor for a new prescription if you need this medication refilled. This drug can cause serious heart problems or make existing heart problems worse.
Your doctor may check your blood pressure and heart rate regularly during treatment with this drug. There are other drugs available to treat your condition.
Some may be more suitable for you than others. Talk to your doctor about other drug options that may work for you. Disclaimer: Healthline has made every effort to make certain that all information is factually correct, comprehensive, and up-to-date.
However, this article should not be used as a substitute for the knowledge and expertise of a licensed healthcare professional. You should always consult your doctor or other healthcare professional before taking any medication. The drug information contained here in is subject to change and is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects.
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Amphetamine, Oral Tablet. Most drug trafficking charges arise in situations without "smoking gun" evidence of a secretly-recorded drug deal. This means that the prosecution generally must rely on circumstantial evidence of the defendant's intent to sell amphetamines. This is because most defendants will deny that they intended to sell the drug and possessed it only for personal use which carries a lesser penalty.
Under the Controlled Substances Act, a person convicted of selling or attempting to sell amphetamines near a school, including a college, or other areas where young people may be present faces twice the maximum prison sentence, twice the maximum fine, and twice the term of supervised release.
A person is subject to the enhanced penalties if he or she is convicted of selling or attempting to sell the drug within:. The distance is measured from the location of the sale or attempted sale and the grounds of the facility. Schools and especially universities often cover acres of land and a drug sale with the specified distance of any edge of that property can lead to the enhanced penalty. For example, if a dealer sets up a meeting with a buyer on a street corner that just happens to be near an arboretum or field owned by a university, the dealer could face the doubled penalties if convicted of the sale.
As mentioned above, if the defendant is convicted of selling or attempting to sell the drug near a school or one of the other specified facilities, the penalty both in years in prison and in fine doubles.
And, if anyone dies as a result of the drug sale from overdose or otherwise , the defendant may face life in prison. Selling or attempting to sell amphetamines is a very serious crime.
If you or someone you know has been charged with the crime, find a lawyer with experience in criminal defense right away. An experienced criminal defense lawyer familiar with federal or state law depending on which law applies can answer your questions and advise you as to the availability of any defenses. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Possessing any psychoactive substance with intent to supply, supplying or offering to supply, producing, importing or exporting, all carry a penalty of either up to six months' imprisonment or a fine, or up to seven years' imprisonment or a fine. If police suspect you're going to share drugs with your friends, this is still considered to be supplying.
Being suspected of supplying drugs means you're likely to be charged. The amount of drugs found on you and whether you have a criminal record, will be taken into account when a punishment is being decided. If you're found guilty of a drug offence, this could affect your future.
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