Oxycontin Possession in PennsylvaniaIn Pennsylvania, the illegal use of Oxycontin (oxycodone) is on the rise. When Oxycontin is abused, it can cause serious problems – health issues, criminal charges, and even death. Read on to learn more about the abuse of Oxycontin and the criminal charges one may face for the illegal possession of Oxycontin in Pennsylvania.
What is Oxycontin?Oxycontin is a controlled released form of oxycodone prescribed to treat chronic pain often tied to cancer treatment or orthopedic problems. It is an opiate derivative available by prescription. It comes in pill form and has a time-release effect that gives relief over a 12-hour time period. When used as prescribed, Oxycontin helps cancer patients and chronic pain sufferers manage their pain.
Oxycontin Possession Charges in PennsylvaniaIn Pennsylvania, Oxycontin (oxycodone) is considered to be a Schedule II controlled substance. While Oxycontin is legally prescribed, the illegal possession of the drug can lead to serious arrest charges such as possession of a controlled substance or possession of a controlled substance with intent to deliver (if a person has been charged with selling or distributing prescription drugs to other people). In order to prove a charge of possession, the prosecutor must establish beyond a reasonable doubt the following elements:
- The defendant knowingly and intentionally possessed a controlled substance (without a valid prescription);
- The defendant knew that the drug was an illegal controlled substance; and
- The defendant had actual or constructive control or possession of the drug.
Sentencing & PenaltiesThe chart below illustrates minimum sentencing guidelines and penalties a person may receive if he or she is convicted with the possession of a controlled substance such as oxycodone.
|Narcotics of Schedule 1 or 2||Quantity||1st Conviction||2nd Conviction|
|Oxycodone||2 grams to less than 10 grams||2 years||3 years|
|Oxycodone||10 grams to less than 100 grams||3 years||5 years|
|Oxycodone||100 grams or more.||5 years||7 years|